12-14-10 Regular MeetingJ
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
December 14, 2010
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:02 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; and Tom Fitzhenry.
Members Excused: Fred Wroge
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Chris
Regis, Finance Manager; Barry Fritz, Public Safety Director/Chief; Jim
Topitzhofer, Recreation Services Director; John Stark, Community
Development Director; Mary Tietjen, City Attorney; and Cheryl Krumholz,
Recording Secretary.
M/Sandahl, S/Goettel to excuse Council Member Wroge from the December 14, 2010 Regular
City Council Meeting.
Motion carried 4-0.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel-led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- December 14, 2010
M/Sandahl, S/Elliott to approve the minutes of (1) Special City Council Worksession of
November 23 2010 (2) Regular City Council Meeting of November 23, 2010; and (3) Special City
Council Meeting of November 29, 2010.
Motion carried 4-0.
Item #1 RECOGNITION OF CORPORATE CITIZENSHIP TO BEST BUY
This item was rescheduled to a future meeting.
Item #2 RICHFIELD FOUNDATION AWARDING OF GRANTS
The Richfield Foundation presented the grants totaling $10,300.
Item #3 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
The.City Council acknowledged the efforts of Public Works staff during the recent significant
snow fall event.
Council Member Fitzhenry encouraged residents to remove the snow from around fire
hydrants.
Mayor Goettel added the snow should also be removed from storm drains.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel moved Item #56 from the Consent Calendar to Item #6 for separate
consideration.
M/Fitzhenry, S/Sandahl to approve the agenda as amended.
Motion carried 4-0.
Item #3 CONSENT CALENDAR
A. Consideration of approval of first reading of ordinance amending Richfield City Code Appendix
D establishing change to fee schedule for Public Works, Section 3, subsection 10 and setting
second reading for January 11, 2011 S.R. No. 222
B. Moved to Item #6
C. Consideration of approval of resolution establishing 60 DNL as airport noise threshold for
preventative and corrective land use measures in environs of Minneapolis-St. Paul International
Airport S.R. No. 224
Council Meeting Minutes -3- December 14, 2010
RESOLUTION NO. 10449
RESOLUTION ESTABLISHING 60 DNL AS THE AIRPORT NOISE THRESHOLD FOR
PREVENTIVE AND CORRECTIVE MEASURES IN THE ENVIRONS OF THE MINNEAPOLIS-
ST. PAUL INTERNATIONAL AIRPORT
This resolution appears as Resolution No. 10449.
D. Consideration of approval of resolution authorizing acceptance of all grants and donations
received by Recreation Services Department in 2010 S.R. No. 225
RESOLUTION NO. 10450
RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS
RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER
THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED
BY DONORS
This resolution appears as Resolution No. 10450.
E. Consideration of approval of resolution authorizing conditional use permit to allow construction
of 120-foot replacement antenna tower at Richfield Municipal Center, 6700 Portland Avenue
S.R. No. 226
RESOLUTION NO. 10451
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW CONSTRUCTION OF A 120-FOOT TELECOMMUNICATION TOWER
AT 6700 PORTLAND AVENUE (RICHFIELD MUNICIPAL CENTER)
This resolution appears as Resolution No. 10451.
F. Consideration of approval of Richfield Municipal Center change order report for aggregate net
effect of $5,371 in items included within project budget S.R. No. 227
G. Consideration of approval of addendum to Hennepin County Residential Recycling Grant
Agreement extending through 2011 S.R. No. 228
H. Consideration of approval of City Manager's reappointment of Connie Murray and Paul Wasko
fortwo-year terms as Hearing Examiners S.R. No. 229
I. Consideration of approval of the following 2011 renewal of business licenses for 3.2 percent malt
liquor sales and 2011 license renewals to operate businesses in Richfield: S.R. No. 230
License to Sell 3.2 Percent Malt Liquor
Aldi Foods -Off-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 -
8 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 - 5 vehicles
Paul's Rentals & Sales -Trailers and
Trucks Rental
Council Meeting Minutes -4- December 14, 2010
M/Sandahl, S/Goettel to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
3B. Consideration of approval of first reading of ordinance amending Appendix 1 of
Richfield City Code rezoning portion of 6528 Penn Avenue from General Commercial and
Multiple Use -Community with Penn Avenue Corridor Overlay to Planned Mixed Use
related to proposal for CVS Pharmacy S.R. No. 223
Council Member Sandahl requested an update on the proposed project.
Community Development Director Stark discussed the project status, including the rezoning
process and design guidelines compromises.
M/Goettel, S/Sandahl to approve the first reading of the ordinance amending Appendix 1 of
Richfield City Code rezoning portion of 6528 Penn Avenue from General Commercial and Multiple
Use -Community with Penn Avenue Corridor Overlay to Planned Mixed Use related to proposal
for CVS Pharmacy.
Motion carried 4-0.
Item #7 PUBLIC HEARINGS REGARDING 2011 PAWNBROKER AND
SECONDHAND GOODS DEALER LICENSE RENEWALS:
• METRO PAWN & GUN, INC., 7529 LYNDALE AVENUE S.R. N0.231
• UNIVERSITY CASH COMPANY, LLC D/B/A AVI'S PAWN AND JEWELRY,
6414 NICOLLET AVENUE S.R. N0.232
Council Member Fitzhenry presented Staff Report No. 231 and 232.
Mark Nichols, Metro Pawn representative, was available for questions.
M/Sandahl, S/Elliott to close public hearing.
Motion carried 4-0.
M/Fitzhenry, S/Sandahl to approve the renewal of the 2011 Pawnbroker and Secondhand
Goods Dealer licenses for Metro Pawn & Gun, Inc., 7539 Lyndale Avenue, and University Cash
Company, LLC d/b/a Avi's Pawn and Jewelry, 6414 Nicollet Avenue.
Motion carried 4-0.
Item #8 PUBLIC HEARINGS REGARDING 2011 CLUB ON-SALE AND SUNDAY LIQUOR
LICENSE RENEWALS:
• FRED BABCOCK V.F.W. POST N0.5555, INC., D/B/A FOUR NICKELS
FOOD ~ DRINK; 6715 LAKE SHORE DRIVE S.R. N0.233
• MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501
PORTLAND AVENUE S.R. N0.234
Council Meeting Minutes -5- December 14, 2010
Council Member Elliott presented Staff Report No. 233 and 234.
M/Elliott, S/Sandahl to close public hearing.
Craig Deneen, Minneapolis-Richfield American Legion Post 435 representative, was
available for questions.
Motion carried 4-0.
M/Elliott, S/Goettel to approve the renewal of 2011 Club On-Sale and Sunday Liauor
Licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food & Drink, 6715
Lake Shore Drive to approve the renewal of 2011 Club On-Sale and Sunday Liquor Licenses for
Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue.
Motion carried 4-0.
Item #9 PUBLIC HEARINGS REGARDING 2011 ON-SALE WINE AND 3.2
PERCENT MALT LIQUOR LICENSE RENEWALS:
• CHIPOTLE MEXICAN GRILL OF COLORADO, LLC, 7644
LYNDALE AVENUE S.R. N0.235
• THOMPSON'S FIRESIDE PIZZA, INC., D/B/A FIRESIDE PIZZA, I
PENN AVENUE S.R. N0.236
• KIANG'S RED PEPPER, INC., D/B/A RED PEPPER CHINESE
RESTAURANT, 2902 WEST 66TH STREET S.R. N0.237
• PATRICK'S FRENCH BAKERY, INC. D/B/A PATRICK'S BAKER
& CAFE, 2928 WEST 66TH STREET S.R. N0.238
• THE NOODLE SHOP-COLORADO, INC., D/6/A NOODLES AND
COMPANY, 7630 LYNDALE AVENUE S.R. N0.239
• JOHN E. POWERS & ASSOCIATES, INC. D/B/A LARIAT LANE
6320 PENN AVENUE S.R. N0.240
• JOY'S PATTAYA THAI RESTAURANT, LLC, 7545 LYNDALE
AVENUE S.R. N0.241
Council Member Sandahl presented Staff Report No.'s 235-241.
M/Sandahl, S/Goettel to close public hearing.
Motion carried 4-0.
M/Sandahl, S/VVroge to approve the renewal of 2011 On-Sale Wine and 3.2 Percent Malt
Liauor Licenses for Chipotle Mexican Grill of Colorado, LLC, 7644 Lvndale Avenue; Thompson's
Motion carried 4-0.
Item #10 PUBLIC HEARINGS REGARDING 2011 ON-SALE INTOXICATING AND
SUNDAY LIQUOR LICENSE RENEWALS:
• THE FRENCHMAN'S, 1400 EAST 66TH STREET INCLUDES
Company 7630 Lvndale Avenue John E. Powers & Associates, Inc. d/b/a Lariat Lanes, 6320 Penn
Avenue Joy's Pattaya Thai Restaurant, LLC, 7545 Lvndale Avenue.
Council Meeting Minutes -6- December 14, 2010
• PAISAN INC., D/B/A KHAN'S MONGOLIAN BARBEQUE, 500
EAST 78TH STREET S.R. N0.243
• WILTSHIRE RESTAURANTS, LLC, D/B/A HOULIHAN'S
RESTAURANT & BAR, 6601 LYNDALE AVENUE (INCLUDES
OUTSIDE SERVICE) S.R. N0.244
• DON PABLO'S OPERATING CORPORATION, LLC D/B/A DON
PABLOS, 980 WEST 78TH STREET S.R. N0.245
• CHAMPPS OPERATING CORPORATION D/B/A CHAMPP'S
RESTAURANT, 790 WEST 66TH STREET S.R. N0.246
• EL TEJABAN MEXICAN GRILL LLC D/B/A EL TEJABAN MEX.
GRILL, 2 WEST 66TH STREET (INCLUDES OPTIONAL 2 A.M.
CLOSING) S.R. N0.247
Council Member Fitzhenry presented Staff Report No.'s 242-247.
Matt Giller, Houlihan's representative, was available for questions.
Christine Blake, Frenchman's representative, thanked the City Council for acknowledging
the reduction in police calls for her establishment this past year.
M/Goettel, S/Fitzhenry to close public hearing.
Motion carried 4-0.
M/Fitzhenry, S/Goettel
EI Teiaban Mex. Grill 2 West 66~' Street (includes optional 2 a.m. closing).
Motion carried 4-0.
Item #11 PUBLIC HEARING REGARDING 2011 ON-SALE INTOXICATING AND
SUNDAY LIQUOR LICENSE RENEWAL FOR HKD LO, INC. D/B/A JUN
BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE STAFF REPORT
N0.248
Mayor Goettel presented Staff Report No. 248.
Boris Parker, Jun Bo attorney, discussed the number of public safety contacts, the pending
proceedings for failure to pay sales/use taxes, allegations of minor consumption of the premises
and the steps taken to address security and sales.
Public Safety Director Fritz explained the need for extra patrol of the site, which is a big
concern to the City.
M/Goettel, S/Sandahl to close public hearing.
Motion carried 4-0.
Council Meeting Minutes -7- December 14, 2010
Mayor Goettel stated she would not support renewal of the license.
City Attorney Tietjen explained the legal options available to the Council.
Council Member Fitzhenry stated he would not support renewal of the license.
Council Member Elliott and Council Member Sandahl suggested not voting on the license
tonight and waiting until the tax and under age consumption legal matters are concluded.
City Manager Devich suggested the City Council wait until all five City Council members are
present before taking action on this license.
M/Goettel, S/Elliott to continue this license renewal matter to a City Council meeting
following the conclusion of all legal matters and provide an interim liquor license with conditions.
Motion carried 3-1. Fitzhenry opposed.
Item #12 CONSIDERATION OF FIRST READING OF ZONING DESIGNATION AND
RICHFIELD COMPREHENSIVE PLAN DESIGNATION OF 6901 PENN
AVENUE (STAFF REPORT N0.249)
Council Member Elliott presented Staff Report No. 249.
M/Elliott, S/Goettel to approve the first reading of the ordinance amending Richfield City
Code Appendix 1 to change the zoning designation of 6901 Penn Avenue from MR-2 (Multi-Family
Residential) to R (Single-Family Residential).
Community Development Director Stark stated the Planning Commission recommended
staff pursue a Comprehensive Plan amendment rather than rezoning the site. Staff s
recommendation is related to the impacts of what would be allowed if the site suffered a loss and
was to be rebuilt.
Motion failed 0-4.
M/Elliott, S/Sandahl to deny first reading of the ordinance and direct staff to pursue an
amendment to the Comprehensive Plan so as to aaree with the existing zoning designation.
Motion carried 4-0.
Item #13 CONSIDERATION OF RESOLUTION IMPOSING CIVIL ENFORCEMENT
ON ESTABLISHMENT IN RICHFIELD THAT UNDERWENT TOBACCO
COMPLIANCE CHECK CONDUCTED BY RICHFIELD PUBLIC SAFETY
AND FAILED BY SELLING TOBACCO TO UNDERAGE YOUTH (STAFF
REPORT N0.250)
Council Member Elliott presented Staff Report No. 250.
Short Stop Superette - 7034 Cedar Avenue -Short Stop Superette representatives
admitted the violation occurred and stipulated to the suspension and penalty.
Council Meeting Minutes -8- December 14, 2010
M/Elliott, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10453
RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR SHORT STOP SUPERETTE, 7034
CEDAR AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO
COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 10453.
Item #14 RESOLUTION
• Consideration of resolution awarding sale of $6,455,000 Tax
Increment Refunding Bonds, Series 20108 (Staff Report No.
251)
Mayor Goettel presented Staff Report No. 251.
Rebecca Kurtz, Ehlers & Associates, recommended awarding the sale to United Bankers
Bank of Bloomington, MN in the amount of $6,355,000 at a 2.98% interest rate.
Ms. Kurtz reviewed the Standard & Poors reaffirming of the City's AA+ bond rating.
M/Goettel, S/Elliott that the followina resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10454
A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION
TAX INCREMENT REFUNDING BONDS, SERIES 20108, IN THE
ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $6,355,000;
FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR
EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT;
PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE
PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION
OF BONDS REFUNDED THEREBY
Motion carried 4-0. This resolution appears as Resolution No. 10454.
Item #14 CONSIDERATION OF RESOLUTIONS APPROVING 2010 REVISED/2011
PROPOSED BUDGET AND TAX LEVY AND RELATED RESOLUTIONS
(STAFF REPORT N0.252)
Council Member Sandahl presented Staff Report No. 252.
City Manager Devich and Finance Manager Regis explained the debt service levy.
M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
Council Meeting Minutes -9- December 14, 2010
RESOLUTION NO. 10455
.RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE
YEAR 2011
Motion carried 4-0. This resolution appears as Resolution No. 10455.
Item #16 CITY MANAGER'S REPORT
None.
Mayor Goettel reminded the City Council to provide the City Manager with goalsetting
topics.
Mayor Goettel announced the cancelation of the December 25 Mayor's Hour.
Item #9 CLAIMS AND PAYROLLS
M/Sandahl, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 12/14/2010
A/P Checks: 119547-200055 $ $1,684,376.87
Payroll: $ $1,048,694.03
TOTAL $ $2,733,070.90
Motion carried 4-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjou
Date Approved: January 11, 2011
Cheryl Krum olz
Recording Secretary