07-27-10 RegularCITY COUNCIL MEETING MINUTES
~ Richfield, Minnesota
.Regular Meeting
July 27, 2010
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:07 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Tom Fitzhenry; and Pat
Elliott.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; John Stark, Community
Development Director; Barry Fritz, Public Safety Director; Betsy Osborn,
Health Administrator; Corrine Heine, City Attorney; and Cheryl Krumholz,
Recording Secretary.
OPEN FORUM
Nick Freiheit, 7321 11th Avenue, expressed his concerns about the many boulevard trees
marked for removal along 11th Avenue for the Metropolitan Council's Sanitary Interceptor project.
Council Member Wroge questioned why the trees on the east-side are being removed
because they provide afternoon shade. He suggested trees be removed from the west-side.
Public Works Director Eastling explained the project and the evaluation process to
determine tree removal.
The City Council requested they be provided with the analysis information on the tree
removal decisions.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Wroge to approve the minutes of (1) Special City Council Worksession of
July 13, 2010 and U Regular City Council Meeting of July 13, 2010.
Motion carried 5-0.
Council Meeting Minutes -2- July 27, 2010
Item #1 I COUNCIL DISCUSSION
• CANCEL AUGUST 24, 2010 REGULAR CITY COUNCIL MEETING
• SCHEDULE SPECIAL CITY COUNCIL MEETING (COUNCIL MEMO NO.
111)
• HATS OFF TO HOMETOWN HITS
M/Goettel, S/V1/roge to cancel the August 24, 2010 Regular City Council Meeting.
Motion carried 5-0.
M/Sandahl, S/Wroge, to schedule a Special City Council Meeting on September 13, 2010 at
5:30 p.m. to discuss the 2011 budget and tax levy.
Motion carried 5-0.
Council Member Fitzhenry discussed the recent installation of the four-way stop sign at
70th Street and 12th Avenue. He also announced the August 3 Night to Unite event.
Recreation Services Topitzhofer announced the August 7 Urban Wildland Half-Marathon an
5K Race.
Council Member Fitzhenry announced the upcoming neighborhood block meetings
regarding pavement removals on Diagonal Avenue from Cedar Avenue to 16th Avenue.
Council Member Sandahl announced Penn Fest on August 8 from noon to 4 p.m.
Mayor Goettel requested staff review the restrictions related to tree trunk removal.
Item #2 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item 8 from the agenda for consideration at a future meeting and
moved Consent Calendar Item 3A to Item 4 for separate consideration.
M/Goettel, S/Wroge to approve the agenda, as amended.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Moved to Item 4.
B. Consideration of approval of resolution authorizing Source Water Protection Plan
Implementation Grant agreement between City of Richfield and Minnesota Department of
Health S.R. No. 128
RESOLUTION NO. 10387
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO A SOURCE WATER PROTECTION PLAN IMPLEMENTATION
GRANT AGREEMENT WITH MINNESOTA DEPARTMENT
HEALTH FOR $10,000 TO BE USED IN THE CONTINUED
DEVELOPMENT AND PUBLIC EDUCATION OF THE CITY OF
RICHFIELD WELLHEAD PROTECTION PLAN -PART 2
Council Meeting Minutes -3- July 27, 2010
This resolution appears as Resolution No. 10387.
C. Consideration of approval of resolution conveying real property located at 7326 Sheridan
Avenue from City to Housing and Redevelopment Authority. S.R. No. 129
RESOLUTION NO. 10388
RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL
PROPERTY LOCATED AT 7326 SHERIDAN AVENUE
This resolution appears as Resolution No. 10388.
D. Consideration of approval of purchase and installation of 64th Street and Girard Avenue
alley storm sewer from G. F. Jedlicki, Inc. in amount of $53,785 S.R. No. 130
E. Consideration of approval of temporary on-sale 3.2 percent malt liquor and public dance
licenses for The Church of the Assumption for annual Fun Fiesta on August 14 and 15, 2010
S.R. No.131
F. Consideration of approval of temporary wine and temporary on-sale 3.2 percent malt liquor
licenses for Church of St. Richard for annual Fun Festival on September 18, 2010 S.R. No.
132
G. Consideration of approval of public dance license for Richfield-Bloomington Credit Union for
membership appreciation day on July 31, 2010 S.R. No. 133
H. Consideration of approval of new taxi license for Airport Southwest Taxi, 8632 Saratoga
Lane, Eden Prairie, MN S.R. No. 134
M/Wroge, S/Sandahl to approve the Consent Calendar, as amended.
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
3A. Consideration of approval of first reading of ordinance amending Richfield City Code
Subsection 509.25 related to defining nonconforming uses S.R. No. 127
Community Development Director Stark explained the State Statute limitations regarding
"grandfathering" clauses and nonconforming uses. The proposed ordinance change is attempting
to be more permissive of uses.
City Attorney Heine stated the proposed ordinance clarifies and defines uses and allows
some exceptions for residential properties.
Mr. Stark stated the second reading of the ordinance will address the impact on business
expansion.
M/Wroge, S/Sandahl to approve first reading of the ordinance amending Richfield City Code
Subsection 509.25 related to defining conforming uses.
Motion carried 5-0.
Item #5 CONSIDERATION OF FIRST READING OF AMENDMENTS TO RICHFIELD
CITY CODE SECTION 407, INSPECTION AND LICENSING OF APARTMENT
HOUSES AND RENTAL HOMES, FOR CHANGES TO LICENSE
REQUIREMENTS, PROVISIONAL LICENSE, AND OTHER MINOR CHANGES
WITH EFFECTIVE DATE OF JANUARY 1, 2011 AND SCHEDULING PUBLIC
HEARING AND SECOND READING FOR AUGUST 9, 2010 S.R. NO. 135
Council Member Wroge presented Staff Report No. 135.
Council Meeting Minutes -4- July 27, 2010
Council Member Wroge questioned the cost of a rental license and a provisional license.
Community Development Director Stark explained the ordinance change is a
recommendation from the Property Excellence Task Force. Fees are considered in December with
the annual budget and covers all expenses related to the licensing process.
Council Member Wroge requested the ordinance terminology be changed from "may" to
"shall" or "will".
Mr. Stark stated the terminology will be addressed in the second reading.
Mayor Goettel added that the City may want some discretion in some instances.
M/Wroge, S/Sandahl
ouses and Kental F1omeS. for CrlanpeS
2011 and scheduling thepublic hearing and second reading for August 9, 2010.
Motion carried 5-0.
Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING CITY
CODE APPENDIX 1 TO REMOVE REFERENCES TO PROPERTIES WITHIN
THE NEW FORD TOWN RICH ACRES AREA S.R. NO. 136
Council Member Elliott presented Staff Report No. 136.
M/Elliott, S/V1/roge that this constitute the second reading of Ordinance No.2010-9 amending
City Code Appendix 1 to remove references to properties within the New Ford Town and Rich Acres
area and that it be published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #7 DISCIPLINARY HEARING REGARDING RESOLUTION IMPOSING CIVIL
ENFORCEMENT ON HKD, LO, INC. D/B/A JUN BO CHINESE RESTAURANT,
7717 NICOLLET AVENUE, FOR SELLING ALCOHOL TO UNDERAGE YOUTH
S.R. NO. 137
Mayor Goettel presented Staff Report No. 137.
Boris Parker, attorney for Jun Bo, stated the notice they received was related to three
separate underage drinking incidents and that he had no notice of any other disciplinary matters.
He said Jun Bo has offered to hire off-duty Richfield Police to assist their establishment if the City
Council believes this is necessary.
City Attorney Heine stated that according to City policy, the applicant is notified of the
disciplinary hearing and needs to either admit or deny the allegations.
Mr. Parker said Jun Bo denies the incidents on April 5 and May 24, 2010 and does not
admit or deny the incident on April 24, 2010. He requested that all three incidents be addressed at
a factual hearing with the suspension based upon verified reports.
Public Safety Director Fritz stated two individuals appeared in court and admitted to
underage drinking so there appeared to be no reason for further investigation.
Council Member Wroge questioned how Jun Bo could dispute the underage drinking when
the minors had pleaded guilty.
Council Meeting Minutes -5- July 27, 2010
City Attorney Heine explained that the City's policy provided the applicant the right to an
administrative hearing if the allegations are denied.
Mr. Parker stated Jun Bo admits to the April 24 incident and accepts the penalty but denies
the other two. He then stated a general denial to all three incidents.
Mr. Parker stated the individuals pled guilty to minor consumption but not at Jun Bo. Mr.
Parker requested an administrative hearing for all three incidents.
M/Goettel, S/Elliott to continue the disciplinary hearing regarding the resolution imposing
civil enforcement on HKD, Lo, Inc., d!b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue,
pending the decision of the administrative hearing.
Motion carried 5-0.
Item #8 CONSIDERATION OF PLANS AS RECOMMENDED BY TRANSPORTATION
COMMISSION AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR
CONSTRUCTION OF WEST CONNECTION BICYCLE ROUTE AND EAST
CONNECTION BICYCLE ROUTE S.R. NO. 138
This item was removed from the agenda.
Item #7 CITY MANAGER'S REPORT
• N.O.I.S.E. member renewal (Council Memo No. 112)
The City Council consensus was to not renew the N.O.I.S.E. membership
Item #10 CLAIMS AND PAYROLL
M/Wroge, S/Sandahl that the following claims and payrolls be approved:
U.S. BANK 07-27-2010
A/P Checks: 196221 - 196528
PAYROLL 68116 - 68495
$ 1, 220,128.41
$ 574,855.30
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
$ 1, 794, 983.71
The City Council meeting was adjourned by unanimous consent at 8:23 p.m.
Council Meeting Minutes
Date Approved: July 27, 2010
Recording Secretary
-6- July 27, 2010
1
De 'e Goettel
en L. evich
Manager