12-14-04 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
December 14, 2004
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Staff Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and
Sue Sandahl.
Steve Devich, Acting City Manager; Dan Scott, Public Safety Director;
Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services
Director; Brad Sveum, Acting Fire Services Director; John Stark, Assistant
Community Development Director; Bruce Nordquist, Housing and
Redevelopment Manager; Chris Regis, Finance Manager; Cheryl
Krumholz, Recording Secretary; and Corrine Thomson, City Attorney.
Members Present:
David Paxson, 6732 Emerson Avenue, representing his neighborhood, addressed the City
Council regarding 1) enforcement of ordinances related to the number of unrelated adults living in
one home, vehicle noise, speeding, number of vehicles in driveways, repairing vehicles; and 2)
revisiting and modifying ordinances as needed.
Council Member Rosenberg explained involving the police, City Council and working with
the neighborhood is a good step in resolving these issues.
Public Safety Director Scott explained meetings have been scheduled to discuss issues.
Council Member Sandahl stated the City Council is already reviewing the number of
vehicles and parking ordinances.
Mayor Kirsch led the audience in the Pledge of Allegiance.
Council Meeting Minutes
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PecempE?r 14,2004
M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Worksession of
November 23. 2004 and (2) Reaular City Council Meetina of November 23. 2004.
Motion carried 5-0.
Item #1
Mayor Kirsch presented Gertrude Ulrich with a plaque for dedicated service as a Council
Member from January 2001 until December 2,004.
Item #2
Mayor Kirsch presented John Enger with a plaque for dedicated service as a Council
Member from January 2001 until December 2004.
Item #3
The Richfield Foundation presented the following grants totaling $11,000.
. Friendship Ventures $1,000
. Richfield Police Department $500
. Family & Children's Service $1,000
. Cornerstone $1,000
. YMCA of Metropolitan Minneapolis - Southdale Branch $1,000
. Richfield R.E.A.D.V. $1,000
. Community Action (MIRA) $1,000
. City of Bloomington (Division of Public Health) $2,000
. Richfield Recreation Services Department $2,500
Item #4
Tom Rublein, Celebrations Commission Chair, explained plans for the 2008 City Centennial
Celebration. He asked the City Council to consider setting aside funding for the 12 months of
activities and events; a total of approximately $60,000 to $100,000 is needed.
The City Council thanked the Celebrations Commission for their efforts.
Item #5
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December 14, 2004
Council Member Rosenberg stated first reading of the proposed immigration ordinance was
postponed from tonight because the City Attorney is revi~wing the ~atter. She encouraged p~ople to
contact members of the ISAIAH group if they have questions regarding the purpose of the ordinance.
M/Kirsch, S/Rosenberg to schedule a Special C.itv Counc.il meetinq on Januarv 3,.2005 at
7:00 p.m. to administer the oaths of office to the new City Council Members and take action on
annual orqanizational business matters.
Motion carried 5-0.
Item #6
None.
Item #7
City Attorney Thomson requested the City Council amend the agenda to move Consent
Calendar Item 8A to Item 20A because the ordinance (8A) adopts a fee schedule and incorporates
a resolution that is part of the budget (20).
M/Rosenberg, S/Sandahl to approve the aqenda as amended.
Motion carried 5-0.
Item #8
A. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 20A.
B. Approved extension of Contract No. A021020 with Hennepin County to allow continued
access to property information system from January 1,2005 through December 31,2005
S.R. No. 202
C. Approved resolution authorizing donation of used City computer equipment to Richfield
School District #280 S.R. No. 203
RESOLUTION NO. 9557
RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT TO
INDEPENDENT SCHOOL DISTRICT #280
This resolution appears as Resolution No. 9557 in Resolution Book No. 75.
D. Approved resolution accepting grants from federal, state and county governments,
agencies and private groups and authorizing City to administer funds in accordance with
grant agreements (requires 2/3 Council vote) S.R. No. 204
Coundl Meeting Minutes
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December 14, 2004
RESOLUTION NO. 9558
RESOLUTION AUTHORIZI NG
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 AGRE;~MENTS AND TERMS
PR~SCRIBED BY DONORS
This resolution appears as Resolution No. 9558 in Resolution Book No. 75.
E. Approved transfer of funds from Urban Wildland Half Marathon to Wood Lake Capital
Improvement Project Fund in amount of $13,085.56 S.R. No. 205
F. Approved new 2004 therapeutic massage enterprise license for Salon Junallo, 6800 Penn
Avenue, and renewal for 2005 S.H. N6.2Q6
G. Approved agreement for purchase of services t>etween City of Richfield and Hennepin
County Sentencing to Serve work crews in amount of $45,000 for 2005 S.R. No. 207
H. Approved award of contract to Hawkins, Inc. for soda al?hfor water treatment in amount of
$48;800 for 2005 S.R. No. 208
I. Approved renewal of currency exchang'e license:
. Commuflity Money Cent~~ dba Mcney Center, 6525 Nicollet Avenue S.R. No. 209
. Checks Cashed of America, tLC dbl:l Money Xchange, 1508 East 66th Street S. R. No.
210
. Vnbank Cqmpany, LLP, 6421 Penn Avenue S.R. No. 211
M/Rosenberg, S/Sandahl to approve the Consent 9a~endar as amended.
Motion carried 5-0.
Item #9
Moved to Item 20A.
Item #10
Council Member Sandahl presented Staff Report No. 212 regarding a resolution adopting
Modification to Redevelopment Plan for Richfield Redevelopment Project Area and Modification to
Tax Increment Financing Plans for Interstate-Lyndale-Nicollet, Richfield Rediscovered A-1, A-2, A-
3, A-4, A-5, B-1, B-2, B-3, B-4, B-5 and Interchange Tax Increment Financing Districts.
Council Member Sandahl stated Hennepin County provided information related to the
Richfield TIF District Modifications for Pooling to ILN Redevelopment TIF District and requested the
report be entered into the record. (Clerk's File No. C-404.)
Assistant Community Development Director Stark stated the memo is standard procedure
when there are modifications to the TIF Districts.
Council Meeting Minutes
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December 14, 2004
M/Rosenberg, S/Sandahl to close the public hearino.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that the followino resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes: .
RESOLUTION NO. 9559
RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE
RICHFIELD REDEVELOPMENT PROJECT AREA AND A MODIFICATION TO THE TAX
INCREMENT FINANCING PLANS FOR THE INTERSTATE-L YNDALE-NICOLLET, RICHFIELD
REDISCOVERED A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4, B-5 AND INTERCHANGE TAX
INCREMENT FINANCING DISTRICTS.
Motion carried 5-0. This resolution appears as Resolution No. 9559 in Resolution Book No.
75.
Item #11
Council Member Rosenberg presented Staff Report No. 213 regarding a resolution
authorizing a conditional use permit (CUP) to allow a Montessori pre-school and daycare at 7227
Penn Avenue in uR" Zoning District.
Mr. Sena Dias-Abeygunawardena, applicant, 6701 Vincent Avenue, provided a history of
establishing the school and requested the City Council approve the CUP.
M/Rosenberg, S/Enger to close the public hearino.
Motion carried 5-0.
M/Rosenberg, S/Enger that the followino resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9560
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
MONTESSORI SCHOOL AND DA YCARE AT
7227 PENN AVENUE SOUTH
75.
Motion carried 5-0. This resolution appears as Resolution No. 9560 in Resolution Book No.
Item
#12
Councill'J1~eting Minytes
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D~c~mber 14, 2004
Mayor Kirsch asked the City Attorney about making one motion for all the licenses.
City Attorney Thomson stated yes, but any one Council Member could ask to have the
license considered separately.
Council Member Sandahl asked if one .public hearing for all could be held.
City Attorney Thomson stated yes, but the record would need to clearly state if one license
is discussed.
A. Council Member Sandahl presented Staff Report No. 214 regarding renewal of a 2005
On-Sale Intoxicating and Sunday Liq\Jor License for The Frenchman's, 1400 East 66th Street.
Council Member Enger asked about the food/liquor sales ratio.
Public Safety Director Scott explained the owner is aware of the ratio and the establishment
is working to meet the requirements.
Christine Edwards, The Frenchman's, said food sales have increased the last few months
due to a change in the menu.
Council Member Enger expressed concern regarding the doubling of Public Safety contacts
the past year and the frequency of failing liquor compliance checks.
Public Safety Director Scott explained the establishment has extended its hours and
fluctuations in the number of calls should not be held against any establishment because they are
encouraged to contact Public Safety.
Ms. Edwards stated they passed the most recent compliance check.
M/Rosenberg, S/Enger to close the public hearinq.
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December 14, 2004
Motion carried 5-0.
M/Sandahl, S/Enger to approve''fhe'tEmewal of on-sale intoxicatinq and Sunday liquor
licenses for The Frenchman's. 1400 East 66th Street.
Motion c?rried 5-0.
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Council Member Sandahl said since there appears to be questions regarding the licenses,
each one will be handled separately.
B. Council Member Sandahl presented Staff Report No. 215 regarding renewal of a 2005
On-Sale Intoxicating and Sunday Liquor License, including outside service of alcohol, for Wiltshire
Restaurants, LLC, dba Houlihan's Restaurant & Bar, 6601 Lyndale Avenue.
M/Rosenberg, S/Enger to close the public hearinq.
Motion carried 5-0.
M/Sandahl, S/Enger to approve the 2005 renewal of on-sale intoxicatinq and Sunday liquor
licenses for Wiltshire Restaurants. LLC d/b/a Houlihan's Restaurant & Bar. 6601 Lyndale Avenue
South: and approve the outside service of alcohol.
Motion carried 5-0.
C. Council Member Sandahl presented Staff Report No. 216 regarding renewal of a 2005
On-Sale Intoxicating and Sunday Liquor License for Don Pablo's Operating Corp., dba Don
Pablo's, 980 West 78th Street.
M/Rosenberg, S/Enger to close the public hearinq.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the renewal of 2005 on-sale intoxicatinq and Sunday
liquor licenses for 2005 for Don Pablo's Operatinq Corporation d/b/a Don Pablos. 980 West 78th
Street.
Motion carried 5-0.
D. Council Member Sandahl presented Staff Report No. 217 regarding renewal of a 2005
On-Sale Intoxicating and Sunday Liquor License for Champps Operating Corp., dba Champps
Restaurant, 790 West 66th Street.
M/Rosenberg, S/Enger to close the public hearinq.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the renewal of 2005 on-sale intoxicatinq and Sunday
liquor licenses for Champps Operatinq Corporation d/b/a Champps Restaurant. 790 West 66th
Street.
Motion approved 5-0.
E. Council Member Sandahl presented Staff Report No. 218 regarding renewal of a 2005
On-Sale Intoxicating and Sunday Liquor License for Paisan Inc., dba Khan's Mongolian Barbeque,
500 East 78th Street.
M/Rosenberg, S/Sandahl to close the public hearinq.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the renewal of on-sale intoxicatinq and Sunday liquor
licenses for 2005 for Paisan Inc.. d/b/a Khan's Monqolian Barbeque. 500 East 78th Street.
Council Meeting Minute$
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December 14, 2004
Motion carried 5-0.
F. Council Member S~fldahl presented Staff Report No. 219 regarding renewal of a 2005
On-Sale Intoxicating;andSunday l..iqiJor Licen'Se for MOM EAR, Inc" dba Backyard Bar and Grill,
1500 East 78th street.
MayorKirsch asked about the stipulations placedOrYffieestablishment when the new
licehsewas issued in 2004.
Public Safety Director Scott statedstc;:lffrecommends the stipulations regarding
management staff handling food and liquor sal~s oe kept in pl~ce for 2005 because of the
newness of the establishment.
Mark Minogue, The Backyard Bar & Grill, explained the operations of the establishment and
that the recent compliance check was passed. He requested the City Council lift the stipulations
and allow the handling of food and liquor sales by th$ other owner.
M/Rosenberg, s/S'adefahl"fo c10SeJbapublic hearino.
Motion carried 5-0.
M/Sandahl, SlRosenberg toa8prov.e therenewalof 2005 on-sale intoxicatinoand Sunday
liquor licenses for MDM EAR Inc. d/bla The Backyard Bar and Grill. 1500 East 78th Street,
includina the continuance of the 2004 liquor s~les stipulations. .
Motion carried 5-0.
G. Council Member Sandahl presented Staff Report No. 220 regarding renewal of a 2005
On-Sale Intoxicating and Sunday Liquor I..icen~e for T;aco MorE;!los II, Inc., Two West 66th Street.
MlRosenberg, S/Sandahl to close the public hearino.
Motion carried 5-0.
M/Sandaht, S/Rdsenberg to approve the renewal of on-sale intoxicatinu and Sunday liquor
licenses for Taco Morelos II. Inc.. 2 West 66th'Street.
Motion carried 5-0.
H. Council Member Sandahl presented Staff Report No. 221 regarding renewal of a 2005
On-Sale Intoxicating and Sunday Liquor License for R & J Brothers, Inc. dba LaVilla Restaurante
Mexicano, 1120 East 66th Street.
M/Rosenberg, S/Sandahl to close the public hearino.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the renewal of on-sale intoxicatina and Sunday liquor
licenses for R & J Brothers Inc. d/b/a LaVilla Restaurante Mexicano. 1120 East 66th Street.
Motion carried 5-0.
I. Council Member Sandahl presented Staff Report No. 222 regarding renewal of a 2005
Club On-Sale and Sunday Liquor License for Fred Babcock V.F.W. Post No. 5555, Inc., dba Four
Nickels Food & Drink; 6715 Lake Shore Drive.
M/Rosenberg, S/Enger to close the public hearino.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the renewal of club on-sale and Sunday liquor
licenses for Fred Babcock V.F.W. Post No. 5555. Inc.. d/b/a Four Nickels Food and Drink. 6715
Lake Shore Drive.
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December 14, 2004
Council Member Sandahl aSke.9;El,l;)Put clubs being exempt from the food/liquor ratio.
City Attorney Thomson explained the exemption is granted by ordinance. Clubs, under
State law, are not generally open to the public so the rationale is there is greater control since only
members and their guests should be present.
Motion carried 5-0.
J. Council Member Sandahl presented Staff Report No. 223 regarding renewal of a Club
On-Sale and Sunday Liquor License for Minneapolis-Richfield American Legion Post 435, 6501
Portland Avenue.
M/Rosenberg, StEnger to close the public hearina.
Motion carried 5-0.
M/Sandahl, StEnger to approve the renewal of 2005 club on-sale and Sunday liquor
licenses for Minneapolis-Richfield American Leaion Post 435.6501 Portland Avenue South.
Council Member Enger asked about an officer of the establishment being charged with a
crime. If it wasn't a conviction, it means nothing and should not be brought to the City Council's
attention.
Motion carried 5-0.
K. Council Member Sandahl presented Staff Report No. 224 regarding renewal of a 2005
On-Sale Wine and 3.2 Percent Malt Liquor License for Thompson's Fireside Pizza, Inc., dba
Fireside Pizza, 6736 Penn Avenue.
M/Rosenberg, StEnger to close the public hearina.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the renewal of on-sale wine and 3.2 percent malt
liquor licenses for 2005 for Thompson's Fireside Pizza. Inc.. d/b/a Fireside Pizza. 6736 Penn
Avenue South.
Motion carried 5-0.
L. Council Member Sandahl presented Staff Report No. 225 regarding renewal of a 2005
On-Sale Wine and 3.2 Percent Malt Liquor License for Kiang's Red Pepper, Inc., dba Red Pepper
Chinese Restaurant, 2902 West 66th Street.
M/Rosenberg, StEnger to close the public hearina.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the 2005 renewal of on-sale wine and 3.2 percent malt
liquor licenses for Kiana's Red Pepper. Inc.. d/b/a Red Pepper Chinese Restaurant. 2902 West
66th Street.
Motion carried 4-0. (Enger absent.)
M. Council Member Sandahl presented Staff Report No. 226 regarding renewal of a 2005
On-Sale Wine and 3.2 Percent Malt Liquor License for Pu'hket Thai Restaurant, 6345 Penn
Avenue.
Varouna Chanthalakeo, Pu'hket Thai Restaurant, explained a food/liquor sales ratio report
was not available because the establishment began in November.
M/Rosenberg, S/Sandahl to close the public hearina.
Motion carried 5-0.
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Decemper 14, 2004
MISangahl, S/Rol;ehQergJoapprove the renewal for 2005 on-sale wine and 3.2 percent
malt IiQuor.licenses for Pu'hket Thai Bestaurant..6345 Penn Avenue.South.
Motion carried 5-0.
N. Council Member Sandahl presented Staff Report No. 227 regarding renewal of a 2005
On-Sale Wine and 3.2 Percent Malt Liquor License, with outside service of alcohol and food, for
The Noodles Shop-Colorado, Inc. dbq Nqoc;Ues and Company, 7630 Lyndale Avenue.
M/Rosenberg, S/Sandahl to close the pUblic hearina.
Motion. carried.5-0.
M/Sandahl, S/Rosenberg to approve the renewal oLon-sale wine and 32 percent malt
liquor licenses. for 2005, forTheNoodle Shop ~ Colorado Inc. DBA Noodles and Company. 7630
Lyndale Avenue Sooth and also-at5'provethe outside service of alcohol and food for The Noodle
Shop.
Motion carried 5-0.
O. Council Member Sandahl presented Staff Report No. 228 regarding renewal of a 2005
On-Sale Wine and 3.2 Percent Malt Liquor, with outside service of wine/3.2 beer and food, for
Chipotle Mexican Grill .of Colorac;lo, LLC, 7644 Lyndale AYenu~.
M/Rosenberg, S/Sandahl to close the. public hearin8.
Motion carried 5-0.
M/Sandahl,Smosenberg toapOtovethe'renewal of 2005 on-sale wine and 3.2 percent malt
liquor .Iicenses. forChipotle Mexican Grill of Colorado, .LLC,.7644,Lvndale Avenue South and
approve the outside Service of wine/3.2 beer and food.
Motion carried 5-0.
Public Safety Director Scott clarified that licenses will not be issued to the applicable
establishments until Certificates of Ins!,.lrance have been received.
At the City Council's request, Public Safety Director Scott explained the liquor compliance
check process,
Item #13
A. Council Member Enger presented Staff Report No. 229 regarding renewal of 2005
pawnbroker and secondhand goods dealer license for Metro Pawn & Gun, Inc., 7529 Lyndale
Avenue.
Mark Nichols, owner, stated he was available for questions.
M/Rosenberg, S/Enger to dose the public hearina.
Motion carried 4-0. (Sandahl absent.)
M/Enger, S/Rosenberg to approve the renewal of 2005 pawnbroker and secondhand qoods
dealer licenses for Metro Pawn & Gun. Inc.. 7529 Lyndale Avenue South.
Motion carried 4-0. (Sandahl absent.)
Council Meeting Minutes
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December 14,2004
B. Council Member Enger presented Staff Report No. 230 regarding renewal of 2005
pawnbroker and secondhand goods dyaJerlicense for Capital Cash LLC, dba Hy's Pawn, 6414
Nicollet Avenue.
M/Rosenberg, StEnger to close the public hearinQ.
Motion carried 5-0.
M/Enger, S/Rosenberg to approve the renewal of pawnbroker and secondhand Qoods
dealer licenses for 2005 for Capital Cash LLC. d/b/a Hv's Pawn. 6414 Nicollet Avenue South.
Motion carried 5-0.
Item #14
Council Member Enger presented Staff Report No. 231 regarding second reading of an
ordinance amendment to Richfield City Code Section 1186 striking all references to pawnbrokers
because separated into new pawnbroker section 1187 earlier.
M/Enger, S/Rosenberg that this constitutes the second readina of Bill No. 2004-14 strikina
all references to pawnbrokers. as they were separated into a new pawnbroker section 1187 at an
earlier time. that it be published in the official newspaper and that it be made part of these minutes;
and that the followinQ resolution be adopted. that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTION NO. 9561
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO
SECTION 1186 OF THE RICHFIELD CITY CODE
WHICH PERTAINS TO PAWNBROKERS AND SECONDHAND GOODS DEALERS.
75.
Motion carried 5-0. This resolution appears as Resolution No. 9561 in Resolution Book No.
Item #15
Council Member Ulrich presented Staff Report No. 232 regarding a resolution authorizing a
subdivision waiver for 6305 Dupont Avenue.
M/Ulrich, StEnger that the followinQ resolution be adopted. that it be spread in the resolution
book and that it be made part of these minutes:
RESOLUTION NO. 9562
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
6305 DUPONT AVENUE
Joel Larson, 6305 Dupont Avenue, explained the easement permits a turnaround space.
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~DecembeJ 14, 2004
Assistant Community Development Director Stark stated there is adequate space to drive
out of the alley in? forward manner.
Ray Ahrndt, 6308 Colfax Avenue, suggested a change to mqke the turnaround easier.
Council Member Rosenberg stated thl? additional piece on the driveway makes the
turnaround easier.
Assistant Community Development Director Stark stated this is an imperfect situation and
there needs to be a balance for housing in Richfield.
Mayor Kirsch stated the P~anning CammiSsion unanimollsly approved the subdivision
waiver with stipulaHons.
Motion carried 5-0. This resolution appears as Resolytion No. 9562 in Resolution Book No.
7-5.
Item #16
Mayor Kirsch presented Staff Report No. 233 regarding a resolution establishing a one"year
moratorium an development of certain prop.erties at the- intersection of 66th Street and Portland
Avenue and directin,g a planning study be con9u~(j,
Provided to the City Council tonight was an additional item for consideration - First Reading
of a proposed ordinance related to one-year moratorium.
MtKirsch, StEnger that the following resolution be adopted, that it be spread in th.e
resolution book and that it be made part of these minutes: and conduct a first readinQ of an
ordinance and schedule a second readinQ of ah ordinance for January 25. 2005. establishinQ a one
vearl1l6ratorium on thedevelopmentofceFtain properties at the intersections of 66th Street and
Portland Avenue .and dire!;tihct th~~ a~plaonioQstudv be conducted:
RESo.LUTION NO.. 9563
A RESo.LUTlo.N ESTABLISHING A o.NE YEARMo.RATORIUM o.N
THE DEVELo.PMENT o.F CERTAIN PRo.PERTIES AT THE
INTERSECTION o.F 66TH STREET AND PORTLAND AVENUE AND
DIRECTING THAT A PLANNING STUDY BE Co.NDUCTED
Motion carried 5-0. This resolution apPears as Resolution No. 9563 in Resolution Book No.
75.
Mayor Kirsch stated a City Council Worksession to discuss this matter was held in
November.
Housing and Redevelopment Manager Nordquist said the Transportation Committee
discussed this matter on December 8.
Council Member Sandahl stated there is clearly a safety issue to address. She added there
are Hennepin County and federal funds through the Met Council that are available to use or they
are lost.
Mayor Kirsch said if there is a delay, Hennepin County may move forward without
Richfield's input.
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Council Meeting Minutes
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December 14, 2004
Item #17
Council Member Ulrich presented Staff Report No. 234 regarding a resolution approving an
amendment to the 2004-2005 labor agreement with Police Supervisors Law Enforcement Labor
Services Local 162.
M/Ulrich, S/Enger that the followinQ resolution be adopted. that it be spread in the resolution
book and that it be made part of these minutes:
RESOLUTION NO. 9564
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE
PREMIUMS AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE
POLICE SUPERVISORS LOCAL 162
Motion carried 5-0. This resolution appears as Resolution No. 9564 in Resolution Book No.
75.
Item #18
Council Member Ulrich presented Staff Report No. 235 regarding a resolution approving an
amendment to the 2004-2005 labor agreement with Law Enforcement Labor Services, Inc. Local
225 (911 Dispatchers).
M/Ulrich, S/Enger that the followinQ resolution be adopted. that it be spread in the resolution
book and that it be made part of these minutes:
RESOLUTION NO. 9565
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE
PREMIUMS AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 225
Motion carried 5-0. This resolution appears as Resolution No. 9565 in Resolution Book No.
75.
Item #19
Council Member Ulrich presented Staff Report No. 236 regarding a resolution approving an
amendment to 2004-2005 labor agreement with International Union of Operating Engineers Local
No. 49.
M/Ulrich, S/Enger that the followinQ resolution be adopted. that it be spread in the resolution
book and that it be made part of these minutes:
Council Meeting Minutes
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December 14,2004
R~SOLUTION NO. 9566
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE
PREMIUMSAND SI\EAR'5{INCREASE FOR EMPLOYEES COVERED BY THE
INTERNATrONALWNJ0N-DF OPERATING ENGINEERS LOCAL 49
Moti,oncarried 5-0. This resolution appears as Resolution No. 9566 ih Resolution Book No.
75.
City Attorney Thomson explained there were several people in the audience who had
hoped to address the City Council regarding the 66th Street/Portland Avenue moratorium issue.
The resolution establishing the moratorium is effective immediately and the ordinance will govern
when it becomes effective. If the City Council wants public comment tonight, they need to make a
motion to reconsider the item. Otherwist?, thEl~Jty Council can choqse to accept comments at the
ordinance's second reading.
The. City Council consen~u.s was to accept public testimony tonight.
M/Enger,SISandahl,to reconsider adootino a resolution establishino aone~vear moratorium
on the development of certain properties at the..intersections.of 66th Street and' Portland Avenue
ahddirectim:rthata planning studv,be ,C'onducted; and conduct a first readino of an ordinance and
schedule a second readinoof an ordinance for January 25, 2005.' '
. ~ " . . ~"'.;.' d,". ~ ;'>".;;,-', -l' '.;;~_
Motion carried 5-0.
Calvin Vandekrol, 6630 Portl~ndAvenue, requested the City Council consider safety
issues, families living on that street, and creating a freeway at his front door if the street is
widened. ,,"
Heidi Lindenfelst~r, 6633 Portland Avenue, stated safety was the main concern and also,
the impact on property values.
Public Works Director Eastling reviewed the procedure to be followed for the proposed
improvement and the City Council's history of review. This intersection is at the top of the
Hennepin County list for accidents.
Public Works Director Eastling encouraged residents to attend Transportation Committee
meetings (2nd Wednesday of each month) for informal discussions. He explained the purpose of
the moratorium.
William Svoboda, 6620 Portland Avenue, expressed concern regarding the taking of his
front yard. He added the intersection is not safe.
Mayor Kirsch stated accidEmt statistics are driving the intersection improvements. There
will be many meetings because resident input is wanted.
Acting City Manager Devich said Portland Avenue and 66th Street are County roads and
under County jurisdiction. Richfield is taking the initiative in being pro-active for involvement in
improvements.
Mayor Kirsch stated there is a concern Hennepin County may impose changes without
Richfield input.
Jody Thiesfeld, representing her parents at 6520 Portland Avenue, requested the City
communicate clearly with residents. She expressed safety and property value concerns.
Mayor Kirsch requested staff prepare a written newsletter for the impacted area because
some may not have internet or cable television. He also requested meetings be held at various
times, not just in the evening.
Council Meeting Minutes
-15-
December 14, 2004
Council Member Sandahl clarified the purpose of the moratorium and that nothing has been
decided since there were creative ide,~.~,;Qg\yet reviewed.
Housing and Redevelopment Manager Nordquist explained the improvement is a joint study
involving road realignment and property impact.
M/Kirsch, S/Enger that the followinQ resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes: and conduct a first readinQ of an
ordinance and schedule a second readinQ of an ordinance for January 25. 2005, establishinQ a one
year moratorium on the development of certain properties at the intersections of 66th Street and
Portland Avenue and directinQ that a planninQ study be conducted:
RESOLUTION NO. 9563
A RESOLUTION ESTABLISHING A ONE YEAR MORATORIUM ON
THE DEVELOPMENT OF CERTAIN PROPERTIES AT THE
INTERSECTION OF 66TH STREET AND PORTLAND AVENUE AND
DIRECTING THAT A PLANNING STUDY BE CONDUCTED
Motion carried 5-0. This resolution appears as Resolution No. 9563 in Resolution Book No.
75.
The City Council consensus was to accept public testimony at second reading of the
proposed ordinance.
Item #20
Council Member Rosenberg presented Staff Report No. 237 regarding resolutions
approving the 2004 Revised/2005 Proposed budget and tax levy and related resolutions.
City Attorney Thomson stated the City Council practice is to have the public hearing at the
Truth-in-Taxation hearing, which was held on December 6,2004, and accept no further testimony
or comments tonight on the budget and tax levy.
M/Rosenberg, S/Sandahl that the followinQ resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9545
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2005
Motion carried 5-0. This resolution appears as Resolution No. 9545 in Resolution Book No.
75.
M/Rosenberg, S/Sandahl that the followinQ resolutions be adopted. that they be spread in
the resolution book and that they be made part of these minutes:
RESOLUTION NO. 9546
RESOLUTION AUTHORIZING REVISION OF 2004 BUDGET OF VARIOUS DEPARTMENTS
RESOLUTION NO. 9547
RESOLUTION AUTHORIZING BUDGET REVISIONS
Council Meeting Minutes
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December 14, 2004
RESOLUTION NO. 9548
RESOLUTION ESTABLISHING \NASTEWATER SERVICE RATES AND CHARGES, WATER
RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND
CHARGES, AND 6.5% PENAL TV ON PAST DUE ACCOUNTS
RESOLUTION N0. 9549
RESOLUTION RELATING TO THE 2005 GENERAL SERVICES
SALARY COMPENSA TIQN PLAN
RESOLUTION NO. 9550
RESOLUTION RELATING TO THE 2005 MANAGEMENT
SALARY COMPENSATION PLAN
RESOLUTION NO. 9551
RESOLUTIONHE/:::ATING TO THE 2005 SfDECIAUZED PAY PLAN
RESOLUTION NO. 9552
RESObUTION ADOPTING THE 2005 CAPITAL IMPROVEMENT BUDGET
RESOLUTION NO. 9553
RESOLUTION ADOPTING THE 2006-2009 CAPITAL IMPROVEMENT PROGRAM
RESOLUTION NO. 9554
RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD
AMENDING RI;SOL.UTION NQ. ~298
RESOLUTION NO. 9555
RESOLUTION AUTHORIZING ANNUAL ADJUSTMENT TO CITY'S MILEAGE
REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY
MILEAGE REIMBURSEMENT RATE
Motion carried 5-0. These resolutions appear as Resolution No.'s 9546 through 9555 in
Resolution Book No. 75.
M/Rosenberg, S/Sandahl that the followinq resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9556
RESOLUTION ESTABLISHING 2005 LICENSE, PERMIT AND MISCELLANEOUS
FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD
RESCINDING RESOLUTION NO. 9513
Tom Rublein, 2016 West 64th Street, requested the City Council consider reducing the fee
for the Itinerant Food Establishment license per event because it affects the ability to bring vendors
to events in Richfield, especially for those who wish to participate in more than one event.
Mayor Kirsch asked how the fees were determined. He added that the more vendors to
participate in Richfield events, the better.
Public Safety Director Scott explained that, at City Council direction, fees were analyzed to
confirm staff costs and fees were included in the rate.
Acting City Manager Devich requested Public Safety Director Scott be given an opportunity
to review fees and gather data regarding costs and the types of inspections. If a modification is
needed, the resolution can be amended.
Council Meeting Minutes
-17-
December 14, 2004
Council Member Enger questioned the Transient Merchant license fee. If the fee is lower,
there may be more vendors, especially,fpr",pattail Days, which could become a small scale Uptown
Art Fair. ",,., . .
The City Council requested the Transient Merchant license be reviewed, also.
Council Member Sandahl suggested alternatives for events/activities not to be encouraged
also be included in the review.
Motion carried 5-0. This resolution appears as Resolution No. 9556 in Resolution Book No.
75.
Item #20A
8A. Consideration of first reading of transitory ordinance adopting fee schedule for
permits and applications related to official controls and schedule public hearing and
second reading for January 11, 2005 S.R. No. 201
M/Rosenberg, S/Sandahl to approve first readino of an ordinance authorizino the adoption
of the fee schedule for permits and applications related to official controls and to schedule the
public hearino and second readino for January 11, 2005.
Motion carried 5-0.
Item #21
Council Member Sandahl presented Staff Report No. 238 regarding a Separation
Agreement and Release of Claims between the City of Richfield and City Manager Samantha
Orduno.
Council Member Sandahl provided the history that resulted in the action before the City
Council tonight. She indicated that she had been contacted twice by a consultant that the City had
formerly retained on personnel matters. The consultant had indicated initially that several
employees had contacted the consultant regarding issues concerning the City Manager, that the
consultant had spoken with the City Manager, and that the matter appeared to have been resolved.
In the subsequent contact, however, the consultant indicated that the issues had not been resolved
and requested a meeting. The consultant also informed Council Member Sandahl that some
employees had directly contacted Council Member Rosenberg.
Council Member Sandahl stated that she had met with the City Manager and the consultant
to discuss the issues raised by staff. The discussion was amicable and an attempt to assist the
City Manager with staff development. There was no discussion of discipline or resignation of
employment. The City Manager responded that it was an opportunity to grow, and she retained a
different consultant to assist her with leadership coaching and team development.
The second consultant met with the City Manager and Council Members Sandahl and
Rosenberg and outlined a three-phase process for the coaching and development. The first phase
involved interviews with Department Directors and other key personnel. Council Member Sandahl
stated that her intent was to inform the City Council of the matter after the City Manager had an
opportunity to complete the coaching process and during the Manager's regular performance
review. However, before the process was completed, the City Manager informed Council Member
Sandahl that she felt it was not in her interest or the City's interest for her to continue as City
Manager.
Council Meeting Minutes
-18-
December 14,2004
At the next Council meeting, Council Member Sandahl requested an early performance
evaluation, so that she could inform the Council of the issues raised by staff and the Manager's
response to the issues. However, prior to the scheduled performance evaluation, the City
Manager publicly announceq that she would be resigning. On the advice of the City Attorney, the
performance evaluation was c~nceIJeq, and th.~ City Attorney prepared asej:)aration agreement for
the City Council's consideration.
Council Member Sandahl complimented the City Manager for her past accomplishments
and her leadership in making a difficult decisi0n, She emphasized that no one had requested the
Manager's resignation, but that the Manager haddetermin~d that the situation was not
recoverable.
Council Mel11ber Sandahl reviewed the terms of the separation agreement and noted that,
in return for the payments beimllTiade tGHhe CitfMariager, the City Manager was waiving and
releasing claims against the City.
M/Sandahl, S/Rosenberg to aoorovethe Separation Aareement and Release of Claims
betweenJhe City of Richfield and Sa~antha Orduno and authorizethe Mavor to .sian the same.
Motion carried 4-0. (Ulrich abstained.)
Council Member Ulrich read the following for the recqrd.
"Council By Laws provide that a Council Member who abstains, must inform Council
Members of the reason for Hie \lofe of ab~te'ntip,n, although I do not approve of this By Law I will
abide by.it My reasons for abstaining:
1. This process has subverted the form of government under which the City of Richfield has been
successfully governed for m~ny years.
2. These actions set a deplorable precedent
3. These actions have caused the City of Richfield to lose an excellent city manager.
4. This affair has caused this Council to become bitterly divided in its last days and has cast a
shadow over the incoming Council.
5. This has caused irreparable damage to personal relations amongst current Council Members
who would have worked together for the good of Richfield in the future."
Council Member Ulrich stated she was leaving the City Council with a reprimand for the City
Council on this matter because it should have included the involvement of the full City Council.
Council Member Ulrich left the City Council Chambers.
Council Member Rosenberg asked the City Attorney to confirm that the open meeting law
was not violated during this process.
City Attorney Thomson stated that, to her knowledge, all procedures were in compliance
with the open meeting law requirements. She explained personnel issues are difficult to deal with
publicly due to Data Practices and the open meeting law.
Council Member Enger stated it was wrong for the other City Council Members to be left out
and they should have been informed and involved as a City Council in Closed Executive Session.
Council Member Sandahl stated that the public versus private matter was considered.
City Attorney Thomson explained that personnel matters can be discussed in Executive
Session either to conduct a performance evaluation or to consider discipline. She indicated that
the issues raised by the staff did not involve allegations of misconduct but were matters of
management style and that, in her opinion, it was not appropriate to conduct a closed meeting for
consideration of discipline when the matter had first come to Council Member Sandahl's attention.
At the time, it had appeared more orderly to allow the second consultant to conduct coaching and
to bring the matter to the Council as part of the performance review. She indicated that it was a
judgment call as to whether the performance review should have been accelerated.
Council Meeting Minutes
-19-
December 14, 2004
Council Member Enger stated his opinion that the City Manager had probably resigned to
save face so she wasn't fired. He believed there were allegations to justify a closed meeting if a
number of employees called a consultant and contacted the City Council.
City Attorney Thomson stated Council Members Sandahl and Rosenberg had not
presumed to act for the full City Council and that they had acted with the best intentions for the
City, and with the intent to bring the matter back to the full Council in an orderly process.
Council Member Sandahl requested the City Council goal setting discussion include putting
a mechanism in place to address issues regarding the City Manager sooner and directly.
Council Member Rosenberg confirmed that at no time were two Council Members acting for
the full City Council.
Council Member Enger stated staff should come to City Council in confidence any time with
concerns. There has been irreparable damage on the City Council.
Council Member Enger left the City Council meeting.
In response to a question from the Mayor, City Attorney Thomson stated anytime the City
Manager is absent, the Assistant City Manager steps in as Acting City Manager until the City
Council makes another decision.
Mayor Kirsch asked about proposing a motion to select a permanent City Manager.
City Attorney Thomson stated no further action is needed tonight because it is not an
agenda item.
Item #22
M/Rosenberg, S/Sandahl that the followinq claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 136577 - 136994
PAYROLL 39599 - 39606
TOTAL
$ 1,907,045.48
$ 421,751.47
$ 2,328,796.95
Motion carried 3-0. (Enger and Ulrich absent.)
Matt Blais, 2617 West 70th Street, asked the City Council to consider a four-way stop sign
for traffic control on 70th Street between Penn Avenue and Xerxes Avenue, especially at Thomas
Avenue, because traffic is not stopping for what is currently in place.
Council Member Rosenberg requested this matter be discussed by the Transportation
Committee.
Item #23
The City Council meeting was adjourned by unanimous consent at 10:23 p.m.
Council Meeting Minutes
-20:"
Date Approved: January 11, 2005
02004
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(j/'.L.<f,/i }0~MJL/vt'-- . .
Cheryl Kramnolz l?
Recording Secretary
CITY OF RICHFIELD, MINNESOTA
Bid Opening
November 9,2004
9:30 a.m.
Water Treatment Plant Chemicals
Soda Ash
City Bid No. 04-09
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff
was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting
was to receive, open and read aloud, bids for water treatment plant chemicals - soda
ash, as advertised in the official newspaper on October 14 and October 21,2004 and
the Construction Bulletin on October 15 and October 22, 2004.
Present:
Nancy Gibbs, City Clerk
Cheryl Krumholz, City Manager Representative
Judy Disrud, Water Plant Supervisor
The following bids were submitted and read aloud:
Bidder's Name/City Bond Total Base Bid
Hawkins Inc. Presented $ 48,800.00
Minneapolis Unit Price $244/ton
The City Clerk announced that the bids would be tabulated and considered at the
December 14, 2004 City Council Meeting.
City Clerk