04-12-11regularJ
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 12, 2011
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present., Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Pat Elliott; and Tom
Fitzhenry.
Staff Present. Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Barry Fritz, Public Safety Director /Chief; Jim Topitzhofer, Recreation
Services Director; John Stark, Community Development Director; Brad
Sveum, Fire Chief; Chris Regis, Finance Manager; Pam Dmytrenko,
Assistant to City Manager; Corrine Heine, City Attorney; and Cheryl
Krumholz, Recording Secretary.
OPEN FORUM
Chuck Strauch, 6601 Emerson, stated he was representing neighbors with concerns
regarding bus "park and riders" parking on Emerson. He requested timed parking signs be
installed.
The City Council requested staff review this issue.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M /Sandahl, S/Wroge to approve the minutes of (1) Special City Council Meeting of March
21, 2011; (2) Special City Council /Housing and Redevelopment Authority /Planning Commission
Council Meeting Minutes -2- April 12, 2011
Worksession of March 21 2011: (3) Special City Council Worksession of March 22, 2011; and (4)
Regular City Council Meeting of March 22, 2011.
Motion carried 5 -0.
Item #1 PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS
RICHFIELD AMBASSADORS AND JUNIOR AMBASSADORS
Mayor Goettel and Judy Bolar, Richfield Ambassador Committee representative, presented
the certificates.
Item #2 PRESENTATION OF 2010 FOOD SAFETY AWARDS BY RICHFIELD
ADVISORY BOARD OF HEALTH
Jennifer Turrentine, Advisory Board of Health Chair, presented the following Food Safety
Awards:
Full Service Restaurant:
Winner — Minneapolis Richfield American Legion Post #435 — 6501 Portland Avenue
Nominee — Fred Babcock VFW Post #5555 — 6715 Lake Shore Drive
Nominee — Broadway Pizza — 7514 Lyndale Avenue
Nominee — Boston Market #1107 — 700 W. 78th Street
Nominee — Old Country Buffet — 9 East 66th Street
Fast Food /Pizza Carry Out/Cafeteria:
Winner — Wendy's Four Crown — 6500 Lyndale Avenue
Nominee — Arbys — 7744 5th Avenue
Nominee — Burger King — 96 West 66th Street
Nominee — Taco Bell #965 — 2208 West 66th Street
Retail Grocery:
Winner — Rainbow Foods — 140 West 66th Street
Nominee — Target — 6445 Richfield Parkway
Item #3 ANNUAL MEETING WITH ADVISORY BOARD OF HEALTH
Jennifer Turrentine, Advisory Board of Health Chair, provided a report on the Board's
activities and goals.
Item #4 PRESENTATION OF PROCLAMATION DESIGNATING EARTH DAY /ARBOR
MONTH
Mayor Goettel presented the proclamation to Recreation Services Director Topitzhofer.
Council Meeting Minutes -3- April 12, 2011
Item #5 PRESENTATION REGARDING KICK -OFF FOR NEW "TOBACCO FREE
GROUNDS" PARK ORDINANCE
Recreation Services Director Topitzhofer made the presentation.
Item #6 COUNCIL DISCUSSION
• HOMELESS YOUTH IN SUBURBIA FORUM — LEAGUE OF WOMEN
VOTERS (KAREN JENKINS)
• INSTALLATION OF LIGHT SHELVES IN MUNICIPAL CENTER
• HATS OFF TO HOMETOWN HITS
Karen Jenkins, League of Women Voters, announced the Homeless Youth in Suburbia
forum on Saturday, April 30 at the Bloomington Civic Plaza.
City Manager Devich requested direction from the City Council regarding installation of the
light shelves in the Municipal Center.
Mayor Goettel, Council Member Sandahl and Council Member Fitzhenry spoke in support of
the light shelves because of their filtering light, extending light into the area and being a component
of the project.
Council Member Wroge and Council Member Elliott suggested waiting to install the light
shelves to see if they are necessary after being in the building awhile.
Council Member Wroge mentioned maintenance concerns and Council Member Elliott
mentioned the shelves are an additional expense.
M /Sandahl, S /Goettel to approve installation of the light shelves in the Municipal Center.
Motion carried 3 -2. ( Wroge and Elliott opposed.)
Public Safety Director /Chief Fritz announced the upcoming Cinco de Mayo event in
Veterans Memorial Park.
Council Member Wroge requested an update on the status of the revised garbage can
ordinance.
Public Safety Director /Chief Fritz responded that the ordinance, as well as the revised
animal ordinance are in draft form and will be presented to the City Council soon.
Council Member Wroge requested future consideration of establishing an ordinance to
address people carrying business signs along streets due to causing traffic distractions.
City Attorney Heine will review this matter and provide information to the City Council.
Council Member Wroge requested the City's sidewalk snow plowing be re- examined to
determine if best interests are being served. He expressed concern regarding property damage
and safety when sidewalks are plowed by City equipment since clearing of snow is not down to the
cement. He suggested a discussion with the public to discuss doing their own sidewalk shoveling
except maybe along Lyndale, Nicollet, Penn and Portland Avenues.
Council Meeting Minutes -4- April 12, 2011
Council Member Elliott stated there should be no exceptions if residents do their own
sidewalk shoveling.
Public Works Director Eastling responded that this matter could be discussed at a future City
Council worksession.
Council Member Sandahl announced the Edina League of Women Voters forum on April 14
regarding garbage collection.
Council Member Fitzhenry acknowledged the recent successful Beyond the Yellow Ribbon
kick -off and the next meeting on April 25 at the American Legion.
Council Member Fitzhenry acknowledged the death of Richfield resident Sherman Booen.
Council Member Fitzhenry announced the need for additional Police Reserves and
encouraged contacting the Public Safety Department.
Item #7 COUNCIL APPROVAL OF AGENDA
M/Wroge, S /Sandahl to approve the agenda.
Motion carried 5 -0.
Item #8 CONSENT CALENDAR
A. Consideration of approval of first reading of ordinance amending Zoning Code regulations
related to setback encroachments for bay windows, placement of fences, certification
requirements for massage therapy practitioners, size of permitted businesses in
Neighborhood Commercial District, setbacks related to Two - Family District properties,
medical clinics as permitted use in General Commercial District, sign permit expiration
dates, number of temporary banner signs allowed, number of temporary sign permits
permitted per year, and number of corrections and clarifications S.R. No. 76
B. Consideration of approval of agreement for management services with Wheel Fun Rentals,
LLC to provide management services for Adventure Gardens Mini -Golf S.R. No. 77
C. Consideration of approval of bids in amount of $223,088.50 for audiovisual information
display components in Richfield Municipal Center and award contract to Graybow
Communications for training room and digital signage AV system project in amount of
$90,096.46 and Alpha Video & Audio for control room and Council Chamber project in
amount of $132,992.04 S.R. No. 78
D. Consideration of approval of canceling Tuesday, May 24, 2011 Regular City Council
Meeting at 7 p.m. S.R. No. 79
E. Consideration of approval of Richfield Municipal Center change order report for aggregate
net effect of reduction of $3,822 in items included within project budget S.R. No. 80
M /Goettel, S/Wroge to approve the Consent Calendar.
Motion carried 5 -0.
Council Meeting Minutes -5- April 12, 2011
Item #9 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #10 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON -SALE INTOXICATING
AND SUNDAY LIQUOR LICENSES FOR RICHFIELD HOTEL ASSOCIATION
D /B /A RAMADA, 7745 LYNDALE AVENUE (STAFF REPORT NO. 81)
Council Member Wroge presented Staff Report No. 81.
M/Wroge, S /Sandahl to close public hearing.
Motion carried 5 -0.
M/Wroge, S /Goettel to approve the issuance of a new on -sale intoxicating and Sunday
liquor licenses for Richfield Hotel Association d /b /a Ramada, 7745 Lyndale Avenue..
Motion carried 5 -0.
Item #11 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE
AUTHORIZING PLANNING, DESIGN AND REHABILIATION OF LOGAN AVENUE
WATER TOWER, 7420 LOGAN AVENUE, AND RESOLUTION AUTHORIZING
SUMMARY PUBLICATION OF TRANSITORY ORDINANCE (STAFF REPORT
NO. 82)
Council Member Elliott presented Staff Report No. 82.
M /Goettel, S/Wroge to close public hearing.
Motion carried 5 -0.
M /Elliott, S/Wroge that this constitutes the second reading of Bill No. 2011 -12 authorizing
planning design and rehabilitation of Logan Avenue Water Tower, 7420 Logan Avenue, and
resolution authorizing summary publication of transitory ordinance:
RESOLUTION NO. 10497
RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE
APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE PLANNING, DESIGN AND
REHABILITATION OF THE LOGAN AVENUE WATER TOWER PURSUAINT TO RICHFIELD
CITY CHARTER SECTION 8.04
Motion carried 5 -0. This resolution appears as Resolution No. 10497.
Council Meeting Minutes -6- April 12, 2011
Item #12 CONSIDERATION OF RESOLUTION PROVIDING FOR SALE OF
$1,490,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES
2011A (STAFF REPORT NO. 83)
Council Member Sandahl presented Staff Report No. 83.
M /Sandahl, S /Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10498
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL
OBLIGATION SEWER REVENUE BONDS, SERIES 2011A, IN THE APPROXIMATE
AGGREGATE PRINCIPAL AMOUNT OF $1,490,000
Motion carried 5 -0. This resolution appears as Resolution No. 10498.
Item #13 CONSIDERATION OF RIGHT -OF -ENTRY AND STANDSTILL AGREEMENT
FOR USE OF NORTHERN HALF OF 7700 PILLSBURY AVENUE, FORMER
CITY PUBLIC WORKS MAINTENANCE FACILITY, BY RON CLARK
CONSTRUCTION AND DESIGN COMPANY (STAFF REPORT NO. 84)
Council Member Fitzhenry presented Staff Report No. 84.
Council Member Elliott stated that with this agreement, the City has no right to market the
site for 21 months but there should be an administrative no option fee.
Community Development Director Stark discussed a market analysis related to trends
related to for -sale townhomes and condominiums and the Minnesota Housing and Funding
Agency's (MHFA) funding source process.
Council Member Wroge stated he was not in favor of the agreement.
Community Development Director Stark explained the financial impacts related to the City
and HRA properties.
Ron Clark, Ron Clark Construction and Design Company, discussed the financing and
marketing analysis. He also discussed the Minnesota Housing and Funding Agency's (MHFA)
application process.
The City Council requested a City Council Worksession to discuss locations within the City
for move -up housing density.
M /Fitzhenry, S /Sandhal to approve a right -of -entry and standstill agreement for use of
northern half of 7700 Pillsbury Avenue former City Public Works Maintenance Facility, by Ron
Clark Construction and Design Company.
Motion carried 5 -0.
Council Meeting Minutes -7- April 12, 2011
Item #14 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 FOR
CONTRACT PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2011
(STAFF REPORT NO. 85)
Council Member Wroge presented Staff Report No. 85.
M/Wroge, S /Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10499
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215
BARGAINING UNIT FOR THE YEAR 2011
Motion carried 5 -0. This resolution appears as Resolution No. 10499.
Item #15 CONSIDERATION OF DISCIPLINARY HEARING FOR HKD LO, INC., D /B /A
JUN BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE,
REGARDING RESOLUTION IMPOSING CIVIL ENFORCEMENT FOR SALE
OF ALCOHOL TO UNDERAGE YOUTH (STAFF REPORT NO. 86)
Council Member Elliott presented Staff Report No. 86.
HKD Lo, Inc. d /b /a Jun Bo Chinese — 7717 Portland Avenue — Boris Parker, Jun Bo
attorney, admitted that the May 9, 2010 violation occurred and agreed to the suspension of Jun
Bo's liquor license and the civil penalty.
Mr. Parker stated Jun Bo denies the March 28, 2011 violation occurred and requested time
to proceed with an investigation.
City Attorney Heine explained the two other past violations resulting in a dismissal of the
disciplinary charges.
M /Goettel, S/Wroge to close the disciplinary hearing.
Motion carried 5 -0.
M /Elliott, S /Sandahl that the following resolution related to May 9, 2010 be adopted and that
it be made part of these minutes:
RESOLUTION NO. 10500
A RESOLUTION SUSPENDING THE ON -SALE INTOXICATING AND SUNDAY LIQUOR
LICENSES FOR HKD, INC., D /B /A JUN BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE
SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE
FAILURE
Council Meeting Minutes -8- April 12, 2011
and 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, for March 28, 2011 pending
the decision of the administrative hearing.
Motion carried 5 -0.
Item #16 CONSIDERATION OF RESOLUTION DENYING RENEWAL OF 2011 ON-
SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR HKD LO,
INC. D /B /A JUN BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE
(STAFF REPORT NO. 87)
Mayor Goettel presented Staff Report No. 87.
Boris Parker, Jun Bo attorney, presented a proposal to the City Council that Jun Bo's liquor
licenses be renewed up to and through September 30, 2011 with the following conditions: no
minors in the establishment after specific hours; correct ratio of security personnel to patrons; hire
two off -duty police officers; escrowed and pay tax amounts determined by MN Tax Court opinion.
Mr. Parker added the real estate has been sold at a loss but Jun Bo is leasing the site.
Mr. Parker explained Jun Bo's response to the delinquent taxes and alleged liquor sales to
minors and the number of police incidents. He stated if the City Council decision is deny the liquor
license renewal, he requested the decision be submitted to an Administrative Law Judge for fact
finding.
M/Wroge, S /Sandahl to close the public hearing.
Motion carried 5 -0.
Mayor Goettel stated she would not support the renewal because of the significant
violations putting people at risk and the continued misuse of City resources.
M /Goettel, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10502
A RESOLUTION DENYING RENEWAL OF THE ON -SALE INTOXICATING AND SUNDAY
LIQUOR LICENSES FOR HKD, INC., D /B /A JUN BO CHINESE RESTAURANT, 7717 NICOLLET
AVENUE SOUTH
Council Member Wroge stated he did not support the license renewal due to the sale to
minor violations, tax issues and lack of following City ordinances.
Council Member Sandahl read the reasons stated in the resolution denying the license
renewal. She added the establishment is not an asset to the community.
needs.
Council Member Fitzhenry stated a liquor license is a privilege not a right.
Council Member Elliott stated continued incidents at Jun Bo does not meet the City's
Motion carried 5 -0.
Council Meeting Minutes -9- April 12, 2011
City Attorney Heine requested the City Council determine the effective date of the
resolution to deny.
M /Goettel, S /Sandahl to approve the effective date of April 13 2011 at 12:01 a.m.
Motion carried 5 -0.
Mr. Parker requested a motion to stay to appeal the decision and submit documentation to
staff.
Item #17 DISCUSSION REGARDING CITY COUNCIL'S DESIRED APPROACH TO
NOTIFY PUBLIC ABOUT COMMUNITY SERVICES COMMISSION
RECOMMENDED SKATE PARK CONCEPT FOR AUGSBURG PARK
(STAFF REPORT NO. 88)
Council Member Sandahl presented Staff Report No. 88.
Council Member Wroge stated he supported the building of the skatepark but not at
Augsburg Park, especially with the removal of a mature oak tree. He asked Recreation Services
Director Topitzhofer for his comments on the location.
Recreation Services Director Topitzhofer explained that the Community Services
Commission reviewed the various sites and criteria and recommended the Augsburg Park due to
its central location and proximity to school. He said as staff he needs to respect the Community
Services Commission recommendation. He continued that as Recreation Services Director, he
has concerns regarding Augsburg Park and would prefer another location, specifically Roosevelt
Park, which the Community Services Commission knows but the selection committee selected
Augsburg Park.
M /Sandahl, S /Goettel to schedule a public hearing for the next City Council Meeting
regarding the skatepark concept at Augsburg Park.
Motion carried 5 -0.
Item #18 CITY MANAGER'S REPORT
• Fire Chief retirement and replacement
City Manager Devich announced the retirement of Fire Chief Brad Sveum, effective on June
29, 2011. He added that his intent is to present an internal recruitment process to the Civil Service
Commission. The City Manager makes the selection and recommendation of Department
Directors and the City Council ratifies the appointment.
The City Council agreed to an internal recruitment process for Fire Chief.
Item #19 CLAIMS AND PAYROLLS
Council Meeting Minutes -10- April 12, 2011
MM/roge, S /Sandahl that the following claims and payrolls be approved:
U.S. Bank 411212011
A/P Checks: 202506 - 202906 $ 1,370,341.25
Payroll: 74095 -74406 41848 -41849 $ 548,869.47
TOTAL $ 1,919,210.72
Motion carried 5 -0.
OPEN FORUM
None.
Item #20 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE
CONFERENCE ROOM REGARDING CITY COUNCIL ANNUAL PERFORMANCE
EVALUATION
Mayor Goettel stated the City Council would be conducting a closed executive session in
the Executive Conference Room to conduct the City Manager's annual performance evaluation.
The City Council would return to the open meeting in the Chambers to provide a summary of the
closed session.
The City Council went into closed session at 9:55 p.m.
Members Present. Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Pat Elliott; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager
The Closed Executive Session was convened pursuant to M.S. 13D.05.
Item #21 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL
CHAMBERS
The City Council open meeting reconvened at 10:30 p.m.
Item #22 SUMMARY REPORT OF CITY MANAGER ANNUAL PERFORMANCE
EVALUATION FOR 2010 AND CONSIDERATION OF RESOLUTION
AMENDING EMPLOYMENT AGREEMENT BETWEEN CITY OF RICHFIELD
AND CITY MANAGER STEVEN L. DEVICH FOR 2011 (STAFF REPORT
NO. 89)
The City Council thanked the City Manager for his positive management of the
organization, including budget considerations.
Council Meeting Minutes -11- April 12, 2011
The City Council approved an increase in the City Manager's compensation of 2% in 2011,
which is the same as other City staff.
M /Fitzhenry, S/Wroge that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10503
RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER
Motion carried 5 -0.
ADJOURNMENT
The City Council meeting was adjourned by un
Date Approved: April 26, 2011
Cheryl Krumhblz
Recording Secretary
a s con nt at 10' M.
De Goettel
M
R
,Steven L. evich
City Manager