04-27-04 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 27, 2004
The meeting was called to order by Mayor Kirsch at 6:33 p.m.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl (arrived 7:01); John Enger; and
Gertrude Ulrich.
Members
Not Present:
Staff Present:
Susan Rosenberg.
Samantha Orduno, City Manager; Steve Devich, Administrative Services
Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works
Director; Jim Topitzhofer, Recreation Services Director; Bruce Nordquist,
Acting Community Development Director; Chris Regis, Finance Manager;
Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City
Attorney.
M/Ulrich, S/Enger to excuse the absence of Council Members Sandahl and Rosenberq
from the April 27. 2004 Worksession.
Motion carried 3-0.
M/Ulrich, S/Enger to excuse Council Member Rosenberq from the April 27, 2004 Reqular
Meetinq.
Motion carried 3-0.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
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April 27, 2004
M/Ulrich, S/Enger to approve the minutes of (1) Special City Council Worksession of April
13. 2004: (2) ReQular City Council MeetinQ of April 13. 2004 as amended; (3) Special City Council
MeetinQ of April 17. 2004: and (4) Special Concurrent City Council and Richfield School District
Meetinq of April 19. 2004.
Council Member Ulrich requested the word "commission" be changed to "position" on page
2, Item 2, fourth paragraph in the Regular City Council meeting minutes of April 13, 2004.
Motion carried 3-0.
Item #1
Public Safety Director Scott presented the Richfield Public Safety Officer of the Year Award
to Richfield Police Officer Andrew Landon.
Mayor Kirsch thanked Firefighters, Police and other City staff for their efforts during the
emergency management training exercise on Saturday, April 17 at the Best Buy Corporate
headquarters. He also thanked Best Buy personnel for their cooperation.
Item #2
Council Member Ulrich presented a proclamation designating May 16, 2004 as Earth Day
and Arbor Day in Richfield to Wood Lake Nature Center Manager Karen Shragg.
Item #3
Council Member Ulrich presented a proclamation designating Mayas Arbor Month in
Richfield to Wood Lake Nature Center Manager Karen Shragg.
The City Council thanked Ms. Shragg and the Wood Lake Nature Center staff for their
efforts in making the Wood Lake Nature Center successful.
Wood Lake Nature Center Manager Shragg announced the FOWL Benefit Dinner on May 7
at the Thunderbird Hotel.
Recreation Services Director Topitzhofer explained the new Adopt-A-Tree Program.
Item #4
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April 27, 2004
Council Member Enger presented a proclamation designating May 2-8, 2004 as National
Drinking Water Week in Richfield to P!J~iq.MVprks D.irectof Mike Eastling.
Public Works Director Eastling announced that due to heightened security measures since
9/11, the water plant tour is no longer conducted.
Item #5
Council Member Enger presented a proclamation designating May 16-22, 2004 as National
Public Works Week in Richfield to Public Works Director Mike Eastling.
The City Council acknowledged the City's outstanding snowplowing and street maintenance
program.
Item #6
Administrative Services Director Devich recognized Richfield City Clerk Nancy Gibbs as a
Certified Municipal Clerk of Minnesota by the Municipal Clerks and Finance Officers Association of
Minnesota.
Administrative Services Director Devich acknowledged the State rating of Richfield's
Deputy Registrar - excellent in every category with an overall excellent rating. He recognized the
efforts of each staff member.
The City Council thanked the staff for their work.
Item #7
Council Member Sandahl arrived at 7:01 p.m.
Council Member Ulrich expressed appreciation to the Richfield Sun Current for publishing
accurate articles regarding Minnehaha Creek Watershed District's proposed Buffer M rule, which was
not approved.
Item #8
City Manager Orduno reported that within the five state area including Minnesota, North
Dakota, South Dakota, Wisconsin and Iowa, Richfield is only one of four cities that has received the
GFOA Distinguished Budget Award every year since the award's inception 19 years ago.
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April 27, 2004
Item #9
MtSandahl, StEnger to approve the aQenda.
Motion carried 4-0.
Item #10
A. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 11.
B. Approved resolution supporting legislation providing improved funding for 1-494 Corridor
improvements S.R. No. 68
RESOLUTION NO. 9456
RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING FOR 1-494
CORRIDOR IMPROVEMENTS
This resolution appears as Resolution No. 9456 in Resolution Book No. 75.
C. Approved resolution authorizing transfer of $250,000 from 2003 General Fund - Fund
Balance to Government Buildings fund to establish funds for renovation of City Hall effective
December 31,2003 S.R. No. 69
RESOLUTION NO. 9457
RESOLUTION AUTHORING TRANSFER OF 2003 GENERAL FUND YEAR-END
FUND BALANCE TO ESTABLISH FUNDS FOR RENOVATION OF CITY HALL
This resolution appears as Resolution No. 9457 in Resolution Book No. 75.
D. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 11.
E. Approved continuing public hearing and second reading to May 25, 2004 of amendments to
Richfield Zoning Code Sections 506 and 526 and Richfield City Code Section 920 creating
regulations for firearms related uses S.R. No. 71
Council Member Ulrich asked to remove Items 10A and 10D from the Consent Calendar and
place them on the regular agenda as Items 11A and 11 B.
MtSandahl, StEnger to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #11
10A. Consideration of approval of resolution granting temporary off-street parking
permit for 6901 Lyndale Avenue S.R. No. 67
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April 27, 2004
Council Member Ulrich presented Staff Report No. 67 regarding a resolution granting
temporary off-street parking permit fO~.9~ql;kyndaleAyenue. She invited David Butler, Richfield
Historical Society representative, to adCffess'the City Council regarding proposed changes on the
Bartholomew House site.
Mr. Butler reviewed the funding and project status for the proposed new History Center.
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. 9455
RESOLUTION GRANTING A TEMPORARY OFF-STREET PARKING PERMIT
AT 6901 L YNDALE AVENUE SOUTH.
Motion carried 4-0. This resolution appears as Resolution No. 9455 in Resolution Book No.
75.
100. Consideration of approval of resolution supporting recommendation of MSP
Noise Oversight Committee for noise mitigation in residential areas S.R. No. 70
Council Member Ulrich presented Staff Report No. 70 regarding a resolution supporting a
recommendation of the MSP Noise Oversight Committee for noise mitigation in residential areas.
M/Ulrich, 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. 9458
RESOLUTION IN SUPPORT OF THE MSP NOISE OVERSIGHT COMMITTEE
RECOMMENDATION FOR NOISE MITIGATION IN RESIDENTIAL AREAS
Motion carried 4-0. This resolution appears as Resolution NO.9458 in Resolution Book No.
75.
Item #12
Council Member Ulrich presented Staff Report No. 72 regarding a resolution amending the
Academy of Holy Angels Educational Facilities Revenue Notes, Series 2002 and 2003.
John Cizek and John Bierbaum, Academy of Holy Angels representatives, extended the
Academy's appreciation to the City Council for their help in financing the school's renovation
project.
M/Ulrich, S/Enger to close the public hearinQ.
Motion carried 4-0.
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:
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April 27, 2004
RESOLUTION NO. 9459
RESOLUTION APPROVING AMENDMENTS TO ITS EDUCATIONAL
FACILITIES REVENUE NOTE (ACADEMY OF HOLY ANGELS PROJECT), SERIES 2002, AND
ITS EDUCATIONAL FACILITIES REVENUE NOTE (ACADEMY OF HOLY ANGELS PROJECT),
SERIES 2003, APPROVING THE FORM OF THE AMENDED NOTES AND AUTHORIZING THE
EXECUTION AND DELIVERY OF THE. AMENDE.O NOTES AND RELATED DOCUMENTS
Motion carried 4-0. This resolution appears as Resolution No. 9459 in Resolution Book No.
75.
Item #13
Council Member Ulrich presented Staff Report No. 73 regarding a resolution approving a
preliminary plat for Penn Place townhome project.
Acting Community Development Director Nordquist reported that closing is scheduled for
the end of May and there have been two pre-sales with the third one pending.
M/Ulrich, S/Enger to close the public hearinq.
Motion carried 4-0.
M/Ulrich, 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. 9460
RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION
PENN PLACE
Motion carried 4-0. This resolution appears as Resolution No. 9460 in Resolution Book No.
75.
Item #14
Council Member Sandahl presented Staff Report No. 74 regarding disciplinary hearings and
consideration of resolutions regarding civil enforcement for establishments in Richfield that recently
underwent tobacco compliance checks conducted by Richfield Public Safety staff and failed by
selling tobacco to underage youth.
Drug Emporium - 780 West 66th Street - Dennis Malicki, representative, admitted the violation
occurred and stipulated to the suspension and penalty.
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April 27, 2004
Public Safety Director Scott stated Drug Emporium's fine for their third offense has not yet
been paid.
Council Member Enger said there should be a penalty for not paying a fine, including
withdrawing the license. He requested this be discussed at a future City Council Worksession.
City Manager Orduno stated an City informal policy could be established without discussion
at a Worksession.
Public Safety Director Scott said this was the first incident when the penalty failed to be
paid.
Mr. Malicki apologized and said he was not aware until now that the penalty was not paid.
Public Safety Director Scott suggested Mr. Malicki contact City staff to clarify this issue.
M/Sandahl, 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. 9462
RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR DRUG EMPORIUM,
780 WEST 66TH STREET SOUTH, AND IMPOSING A CIVIL PENALTY
FOR A FOURTH TIME TOBACCO COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9462 in Resolution Book No.
75.
Penn Amoco - 6601 Penn Avenue - Public Safety Director Scott stated the owner/partner was
present, but did not wish to address the City Council and does admit the violation occurred and
stipulated to the suspension and penalty.
M/Sandahl, 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. 9461
RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR PENN AMOCO, 6601 PENN, AND
IMPOSING A CIVIL PENALTY FOR THIRD TIME TOBACCO COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9461 in Resolution Book No.
75.
Council Member Sandahl stated Eddie'z Car Wash, 2813 West 66th Street, had a first
offense and a suspension is not required nor do they need to appear before the City Council but do
pay a fine.
Council Member Sandahl stated Portland Amoco, 6545 Portland Avenue, had a second
offense and a suspension is not required nor do they need to appear before the City Council but do
pay a fine.
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April 27, 2004
Item #15
Council Member Sandahl presented Staff Report No. 75 regarding consideration of
MnIDOT's approved 1-35W/T.H. 62 Crosstown Commons layout; municipal consent process; set a
public hearing; and acceptable mailing area for notification of a public hearing.
Public Works Director Eastling explained the current layout which has eliminated all traffic
weaving and in doing so, has moved the westbound T.H. 62 access from Portland Avenue to
Lyndale Avenue. He also explained the number of lanes for southbound 1-35W, eastbound and
westbound T.H. 62 and northbound 1-35W into Minneapolis. The changes significantly increase
traffic capacity to ease congestion and to allow future expansion.
Council Member Sandahl reviewed the municipal consent process to allow municipalities an
opportunity to have formal input into the design. It is proposed the Transportation Committee hold
an open house on June 15, 2004, with the City Council holding a public hearing the same evening.
The public hearing notification mailing area is 830 most closely affected residents within the
Crosstown Commons.
M/Sandahl, S/Ulrich to accept as received the 1-35W/T.H. 62 "Crosstown Commons" lavout
for review and comment: approve a municipal consent process; set public hearinq date for June
15. 2004: and approve an acceptable mailinq area of 830 properties in the Crosstown Commons
for notification of the Public Hearinq.
Public Works Director Eastling clarified that the June 15 Special City Council meeting is not
cablecast because it is not a regular City Council meeting.
Council Member Sandahl said the August 10 City Council meeting when the decision is
made will be cablecast.
Motion carried 4-0.
Item #16
Council Member Enger presented Staff Report No. 76 regarding consideration of
Alternative 2 as preferred design for connector road between Cedar Avenue and 18th Avenue as
part of 66th Street and Highway 77 Interchange Project.
Council Member Enger suggested that Alternative #2 include an extension of the berm to
the first and second homes on the 6700 block of 17th Avenue to allow extra traffic noise protection.
Council Member Sandahl requested the berm issue be considered separate from the
motion to approve Alternative #2 because the neighbors are not in agreement on a fence or berm.
M/Enger, S/Sandahl to approve Alternative 2 as the preferred desiqn for a connector road
between Cedar Avenue and 18th Avenue as part of the 66th Street and Hiqhwav 77 Interchanqe
Proiect.
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April 27, 2004
Council Member Sandahl requested staff review bicycle access in the area. She also
suggested staff talk with the neighbor~:J;7~flrqing a fence or berm to see what the majority prefer.
Council Member Enger proposed the residents be invited to a City Council Worksession to
discuss the issue.
Council Member Sandahl suggested staff handle the discussions and bring it to the City
Council in the event of a dispute.
Council Member Enger agreed with Council Member Sandahl's suggestion.
Mayor Kirsch expressed support for the berm extension.
Council Member Sandahl requested staff review the car pool (HOV) lane layout on
Alternative #2 because it appears to be included only for northbound access on 77th Street.
Motion carried 4-0.
Item #17
MtUlrich, StEnger that the followinq claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
NP Checks: 131311 - 131624
PAYROLL 38191 - 38289
TOTAL
$ 1,191,210.06
$ 444,761.61
$ 1,635,971.67
Motion carried 4-0.
Council Member Sandahl requested a copy of the resolution regarding improved funding for
the 1-494 Corridor improvements (consent Item 10B) be sent to the corridor commission's lobbyist.
Council Member Ulrich announced the May 5 MAC Planning and Environment Committee
meeting.
Item #18
The City Council meeting was adjourned by unanimous consent at 8:
Date Approved: May 11, 2004
C~fi~
Recording Secretary