09-16-04 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 16,2004
The meeting was called to order by Mayor Kirsch at 6:32 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and
Sue Sandahl.
Staff Present:
Samantha Orduno, City Manager; Steve Devich, Administrative Services
Director; Bruce Palmborg, Community Development Director; Dan Scott,
Public Safety Director; Jim Topitzhofer, Recreation Services Director; John
Stark, Assistant Community Development Director; Cheryl Krumholz,
Recording Secretary; and Corrine Thomson, City Attorney.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Worksession of
AUQust 18. 2004: (2) ReQular City Council MeetinQ of AUQust 24. 2004: (3) Special City Council
Worksession of AUQust 24. 2004: and (4) Special City Council MeetinQ of AUQust 25. 2004.
Motion carried 5-0.
Item #1
Council Meeting Minutes
-2-
September 16, 2004
Public Safety Director Scott administered the oath of office to Richfield police officers,
Thomas Swanson and Joseph Edwards.
Item #2
Diane Evans, Minnesota Recreation and Parks Association representative, presented the
Minnesota Recreation and Parks Association Award of Excellence for the YMCAlTri-City Skate
Park to the City of Richfield, accepted by Mayor Kirsch and Recreation Services Director
T opitzhofer.
Item #3
Dave Delzer, Friendship City Commission Chair, provided an update on the commission's
activities and mission.
Mayor Kirsch, Mr. Delzer and Ambassador Cynthy Mandl introduced the visiting delegation
from sister city Heredia, Costa Rica and reported on the activities during their stay.
Item #4
Council Member Rosenberg acknowledged the artistic work of Arts Commission member Ron
Wilson - a chalk drawing of David and Martha Butler's rose garden as a participant in the 2004
Richfield Beautiful Home and Garden Tour.
Item #5
City Manager Orduno stated the four-city dispatch consolidation study results will be
discussed at a City Council Worksession on October 12 at 5:30 p.m.
Item #6
M/Rosenberg, S/Sandahl to approve the aaenda.
Motion carried 5-0.
Item #7
Council Meeting Minutes
-3-
September 16,2004
A. Approved resolution authorizing acceptance of grant funds from Minnesota Department of
Public Safety, Office of Traffic Safety,Jo pay overtime to officers involved in Safe & Sober
Program S.R. No. 140
RESOLUTION NO. 9504
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY
WITH EDINA POLICE AND AIRPORT POLICE IN AN AGREEMENT WITH AND TO RECEIVE
GRANT FUNDS FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF
TRAFFIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN THE SAFE & SOBER
PROGRAM
This resolution appears as Resolution No. 9504 in Resolution Book No. 75.
B. Approved consent to register title to certain real estate related to Kensington Park
redevelopment project S. R. No. 141
C. Approved resolutions authorizing Signal Agreements No. 86781 M and 86777M between
Minnesota Department of Transportation and City of Richfield for maintenance of existing
traffic signal at 76th Street and Trunk Highway 35W west ramp at 76th Street; and 76th Street
and Lyndale Avenue, 77th Street and Lyndale Avenue, and 77th Street and 12th Avenue
S.R. No. 142
RESOLUTION NO. 9505
RESOLUTION AUTHORIZING approval of Signal Agreement No. 86781 M
between the Minnesota Department of Transportation (MnIDOT) and the City of Richfield for
maintenance of the existing traffic signal at 76th Street and the Trunk Highway 35W West Ramp at
76th Street
RESOLUTION NO. 9506
RESOLUTION AUTHORIZING approval of Signal Agreement No. 86777M between the Minnesota
Department of Transportation (Mn/DOT) and the City of Richfield
for maintenance of the existing traffic signals at 76th Street and Lyndale Avenue, 77th Street and
Lyndale Avenue, and 77th Street and 12th Avenue
These resolutions appear as Resolution No.'s 9505 and 9506 in Resolution Book No. 75.
D. Approved resolution authorizing Minnesota Department of Transportation to receive federal
aid funds on behalf of City for construction engineering services on eligible transportation
related projects and consultant agreement with URS Corporation for engineering services
needed for reconstruction of 7600 block of Lyndale Avenue in amount of $165,727.94 S.R.
No. 143
RESOLUTION NO. 9507
RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA AGENCY
AGREEMENT NO. 86928 BETWEEN THE DEPARTMENT-OF TRANSPORTATION AND THE
CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN CONSTRUCTION.
This resolution appears as Resolution No. 9507 in Resolution Book No. 75.
Council Meeting Minutes
-4-
September 16, 2004
E. Approved resolution authorizing subdivision waiver for 6210 Morgan Avenue S.R. No. 144
RESOLUTION NO. 9508
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
6210 MORGAN AVENUE
This resolution appears as Resolution No. 9508 in Resolution Book No. 75.
F. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 8.
G. Approved itinerant amusement and itinerant food licenses for Richfield Visions, Inc. for
Richfield Cattail Days events at Veterans Memorial Park of Richfield, 6400 Portland Avenue,
on September 18,2004 S.R. No. 146
MtSandahl, StEnger to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #8
7F. Consideration of approval of extension of variance permit until September 17,
2005 to allow construction of attached two-car garage with living space above S.R. No. 145
Council Member Enger presented Staff Report No. 145 regarding approval of an extension
of a variance permit until September 17, 2005 to allow construction of an attached two-car garage
with living space above.
Council Member Enger asked if the proposed variance should be re-written since the living
space above the garage has been eliminated.
Community Development Director Palmborg stated the variance was approved with the
space so it is presumed it is still acceptable.
MtEnger, StRosenberg to approve the requested extension for a variance permit until
September 17. 2005 to allow the construction of an attached two-car qaraqe with livinq space
above.
Motion carried 5-0.
Item #9
Council Member Sandahl presented Staff Report No. 147 regarding a resolution authorizing
refunding of Senior Housing Revenue Bonds, Series 2000A and 2000B, with issuance of Series
2004 Senior Housing Revenue Refunding Bonds.
MtRosenberg, StEnger to close the public hearinq.
Motion carried 5-0.
Council Meeting Minutes
-5-
September 16, 2004
Council Member Enger asked about the difference between the original resolution and the
revised resolution distributed tonight.
Finance Manager Regis explained the aggregate principal was increased by $500,000.
Council Member Ulrich stated she voted against this matter last time because she supports
collecting appropriate fees but would support tonight's resolution if it is certain the City will receive
the administrative fee.
Finance Manager Regis stated the fee will be paid at the end of the loan term.
Council Member Enger asked about the payment being made sooner if the business shows
a profit.
Finance Manager Regis stated the payment at the end was decided by the City Council.
M/Sandahl, S/Rosenberg 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. 9509
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA,
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF SENIOR HOUSING REVENUE
REFUNDING BONDS (RICHFIELD SENIOR HOUSING, INC. PROJECT), SERIES 2004, IN THE
ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF UP TO $21,500,000 (THE "BONDS"),
WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE
SOLELY FROM THE REVENUES PLEDGED PURSUANT TO THE INDENTURE OF TRUST;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE
INDENTURE OF TRUST, THE BOND PURCHASE AGREEMENT, THE LOAN AGREEMENT
AND THE BONDS; APPROVING THE DISTRIBUTION AND USE OF THE PRELIMINARY
OFFICIAL STATEMENT AND FINAL OFFICIAL STATEMENT; AND PROVIDING FOR THE
SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF THE BONDS
Motion carried 5-0. This resolution appears as Resolution No. 9509 in Resolution Book No.
75.
Item #10
Mayor Kirsch presented Staff Report No. 148 regarding a resolution amending the
Comprehensive Plan changing designation of properties in the Cedar Point area from Single
Family Residential, Single Family Residential High Density and Community Commercial to
Regional Commercial/Office.
Brian Schnizelein, 6315 17th Avenue, spoke in support of the redevelopment of the Cedar
Corridor and asked about the process involved to get the project finished.
Mayor Kirsch explained there are certain procedures to follow for Comprehensive Plan
amendments, including review and approval by the Planning Commission, City Council and Met
Council. He added a developer's proposal is also required.
Council Member Ulrich stated the matter before the City Council tonight is strictly related to
amending the Comp Plan, which does not necessarily mean the project goes forward or Ryan
Company will be the developer.
Council Meeting Minutes
-6-
September 16, 2004
Larry Wozniczka, 6744 Wentworth Avenue, presented a petition (Clerk's File No. C-399),
on behalf of Bernard Hurley, 6417 17th Avenue, requesting the proposed amendment to the Comp
Plan be reconsidered to include the area of 63rd to 65th Stre~ts on the west side of 17th Avenue. .
George Holter, 6424 Emerson Avenue, expressed concern for any new development not
paying the same taxes as anyone else and that competition be allowed for this valuable land.
Assistant Community Development Director Stark stated tonight's City Council
consideration is related to land use, not financing.
Council Member Sandahl said a Planning Commission, HRA, City Council Worksession is
scheduled for September 28 at 5:30 p.m. regarding the Cedar Point area and possibly financing
will be discussed.
Paul Lehrer, 6607 and 6609 18th Avenue commercial building owner, expressed concern
about the precarious position he is in as landlord to renew leases.
Assistant Community Development Director Stark explained tonight's Comp Plan
amendment is only for Cedar Point area (T. H. 77 to 17th Avenue and 63rd to 66th Streets) and the
only area in the Met Council approval process. If future development is to occur, it is anticipated
only local approval would be required as the phases develop.
Mayor Kirsch stated JLG Architects will conduct a open house on September 23 at 6:30
p.m. at Centennial School to discuss a phasing plan with long-term projection dates.
Mr. Lehrer said it appears the City's action is in the interest of future developers, not current
taxpayers.
Daniel Lovestrand, 6400 17th Avenue, asked for his property to be included in the zoning
change, too.
Joel Joubert, 6333 17th Avenue, asked about the area being rezoned.
Mr. Stark explained the area includes 63rd to 66th Streets to the east side of 17th Avenue
to T. H. 77.
Larry Wozniczka, 6744 Wentworth Avenue, pleaded with the City Council not to amend the
Comp Plan because the changes seem contrary to the preservation of the City's tax base, the
retention of residential areas due to building height and possible tax abatement. He challenged the
City Council to determine how noise will be suppressed and that it appears Ryan Company retains
a privilege that is suspect.
Council Member Ulrich stated the City Council considers only zoning changes tonight and
expressed support that these changes are the only possible uses of the land. She said the land
should not remain residential.
Mr. Wozniczka stated it would be wise for the City Council to wait for the JLG results.
Mr. Stark explained that JLG's opinion is with certainty this area will be indicated in their
plan as regional/commercial.
Bill Kilian, 6620 17th Avenue, Planning Commission lV]ember, expressed support for the
amendment to the Comp Plan because this area was always intended to be redeveloped and this
appears to be a legitimate approach but it cannot be done under the current zoning guidelines.
M/Rosenberg, S/Enger to close the public hearinQ.
Motion carried 5-0.
M/Kirsch, S/Rosenberg 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
-7-
September 16, 2004
RESOLUTION NO. 9510
~ ':. ::: . ':'.. . ".,'
RESOLUTION AMENDING THE CiTY'S COMPREHENSIVE PLAN
CHANGING THE DESIGNATION OF PROPERTIES IN THE CEDAR POINT AREA TO
REGIONAL COMMERCIAL/OFFICE
Council Member Enger stated he would like to see some assurances in the proposed guide
plan that the area of 63rd to 65th Streets on 17th Avenue are designated single-family high density
to serve as a buffer to regional commercial office space.
Mr. Stark explained this area is designated in the interim as a planning area to signify no
development will happen until a comprehensive review is completed.
Council Member Ulrich stated considering that area tonight is premature.
City Attorney Thomson added the City Council could not take action tonight because there
is a required public hearing process.
Mr. Stark stated that after the Comp Plan amendment goes to the Met Council and
assumed is approved, the matter returns to the City Council for final approval. The City Council
could then take action on conditions for that area.
Council Member Sandahl expressed support for moving forward at this time. The City
Council will be better informed with details regarding a buffer when the guide plan returns to them
for final approval.
Council Member Enger expressed full support for moving forward tonight, with the next
proposal looking at the area in regards to regional commercial space buffers.
Council Member Sandahl agreed buffering was needed so residents are comfortable with
their location.
City Attorney Thomson clarified that redesigning these two blocks and changing land use
designations in the Comp Plan does not necessarily mean the area will be redeveloped; a
developer needs to come forward.
Council Member Enger stated the airport noise mitigation study results may change the
entire Cedar Avenue Corridor.
Motion carried 5-0. This resolution appears as Resolution No. 9510 in Resolution Book No.
75.
Item #11
Council Meeting Minutes
-8-
September 16, 2004
Council Member Enger presented Staff Report No. 149 regarding a second reading of an
ordinance that repeals sections 1200, 1210, 1215 and 1225 in entirety and creates new section
1202 which amends and adopts new sections relating to the sale and consumption of alcoholic
beverages; a resolution revising the penalties section of liquor discipline and rescinding Resolution
No. 9204; a resolution authorizing the summary publication of the new ordinance section 1202; and
a resolution amending Appendix D and setting new licenses fees for temporary sale of 3.2 malt
liquor and intoxicating liquor.
Council Member Ulrich stated she was not happy with alcohol sales on Sunday, but will
support the proposed ordinance because it follows State law.
M/Enger, S/Rosenberg that this constitutes the second readinq of Bill No. 2004-8 that
repeals sections 1200. 1210. 1215. and 1225 in their entirety. and a new section 1202 which
amends and adopts new sections relatinq to the sale and consumption of alcoholic beveraqes. that
it be published in the official newspaper and that it be made part of these minutes.
Council Member Sandahl suggested the number of on-sale intoxicating liquor licenses
issued by the City be increased from the current 10, since the State allows 18.
Public Safety Director Scott said the number of licenses is selected and approved by the
City Council. All liquor licenses require City Council approval. The class of city permits 18 by
State law and increasing the number may make Richfield more appealing.
Council Member Enger expressed support for increasing the number of licenses because
additional restaurants may be discouraged from locating in Richfield.
Council Member Ulrich said the number was originally set low too discourage more liquor
licenses.
Council Members Enger and Rosenberg accepted a friendly amendment to the original
motion to amend the proposed ordinance, Section 1202.05, Subd. 3 (b) 1, increasing the number
of on-sale intoxicating liquor licenses to be issued by the City from 10 to 15.
Motion carried 5-0.
Council Member Sandahl asked about the number of other licenses issued by the City.
Public Safety Director Scott said the number is not at the maximum, but is set by City
ordinance.
M/Enger, 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. 9511
RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING
LIQUOR, WINE AND 3.2 MALT LIQUOR LICENSEES AND STATING RECOMMENDED
DISCIPLINE AND RESCINDING RESOLUTION NO. 9204.
75.
Motion carried 5-0. This resolution appears as Resolution No. 9511 in Resolution Book No.
M/Enger, 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. 9512
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2004-8
Council Meeting Minutes
-9-
September 16, 2004
RESOLUTION NO. 9513
RESOLUTION AUTHORIZING Tl-lEAMENDMENT OF CERTAIN PROVISIONS OF
RESOLUTION 9417 ENTITLED "RESOLUTION ESTABLISHING 2004 LICENSE, PERMIT AND
MISCELLANEOUS FEES" PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 9417
City Attorney Thomson suggested a friendly amendment to revise the resolution authorizing
the summary publication: Delete the third sentence and substitute: This ordinance merges four
current sections of the liquor ordinances into one new section, increases the allowable number of
on-sale intoxicating liquor licenses to 15, prohibits delivery of alcoholic beverages, and authorizes
issuance of temporary intoxicating liquor licenses.
Council Members Enger and Sandahl accepted the friendly amendment.
Motion carried 5-0. These resolutions appear as Resolution No.'s 9512 and 9513 in
Resolution Book No. 75.
Item #12
Council Member Ulrich presented Staff Report No. 150 regarding an ordinance amendment
to Section 1146 revising training for individuals who sell to minors and changing fines for selling
tobacco to underage youth.
The City Council thanked the Richfield Advisory Board of Health for their efforts on this
matter.
M/Ulrich, S/Enger that this constitutes the second readino of Bill No. 2004-9 to approve the
ordinance amendment to chanoe the trainino for individuals who sell to minors and chanoe the
fines for sellino tobacco to underaoe youth. that it be published in the official newspaper and that it
be made part of these minutes.
Motion carried 5-0.
Item #13
Council Member Sandahl Staff Report No. 151 regarding disciplinary hearings and
consideration of resolutions regarding civil enforcement for alcohol establishments in Richfield that
recently underwent alcohol compliance checks conducted by Richfield Public Safety staff and
failed by selling alcohol to underage youth.
EI Jalapeno Market - 1430 East 66th Street - Public Safety Director Scott read a letter from the
owner, George Frost, admitting the violation occurred and stipulating to the suspension and civil
penalty.
M/Sandahl, 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:
Council Meeting Minutes
-10-
September 16, 2004
RESOLUTION NO. 9517
RESOLUTION SUSPENDING THE OFF SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR EL-JALAPENO MARKET, 1430 EAST 66TH STREET, AND IMPOSING A
CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9517 in Resolution Book No.
75.
Frenchman's - 1400 East 66th Street - Christine Edwards, representing the owner, admitted the
violation occurred and stipulated to the suspension and civil penalty.
M/Sandahl, S/Enger that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9516
RESOLUTION SUSPENDING ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES
FOR FRENCHMAN'S, 1400 EAST 66TH STREET SOUTH, AND IMPOSING A CIVIL PENALTY
FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE
75.
Motion carried 5-0. This resolution appears as Resolution No. 9516 in Resolution Book No.
LaVilla Restaurant - 1120 East 66th Street - Steven Machuca and Rodolfo Hernendez,
representing the owner, admitted the violation occurred and stipulated to the suspension and civil
penalty.
M/Sandahl, S/Enger that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9515
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE
FOR LA VILLA RESTAURANT, 1120 EAST 66TH STREET, AND IMPOSING A CIVIL PENALTY
FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9515 in Resolution Book No.
75.
Oasis Market - 6300 Lyndale Avenue - no representative present. City Attorney Thomson stated
no appearance has been deemed admission of fault.
M/Sandahl, S/Enger that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9514
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSES FOR OASIS MARKET, 6300 L YNDALE AVENUE SOUTH; AND IMPOSING A CIVIL
PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAII,.URE
75.
Motion carried 5-0. This resolution appears as Resolution No. 9514 in Resolution Book No.
Council Meeting Minutes
-11-
September 16, 2004
Item #14
Council Member Rosenberg presented Staff Report No. 152 regarding a resolution ordering
Lyndale/Hub/Nicollet maintenance work for January 1,2005 through December 31,2005 and costs
specially assessed (deferred from July 27,2004).
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. 9518
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 2005
Motion carried 5-0. This resolution appears as Resolution No. 9518 in Resolution Book No.
75.
Item #15
Council Member Rosenberg presented Staff Report No. 153 regarding a resolution ordering
77th Street maintenance work for January 1, 2005 through December 31, 2005 and costs specially
assessed (deferred from July 27,2004).
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. 9519
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2005
Motion carried 5-0. This resolution appears as Resolution No. 9519 in Resolution Book No.
75.
Item #16
M/Rosenberg, S/Sandahl that the followino claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 134185 - 134571
PAYROLL 39428 - 39553
TOTAL
$ 1,511,323.73
$ 896,028.29
$ 2,407,352.02
Motion carried 5-0.
Council Meeting Minutes
-12-
September 16, 2004
Item #17
The City Council meeting was adjourned by unanimous consent at 8:53 p.m.
Date Approved: Sept_er 28. 2004 ??;~ U
Ma' . Kir c
uJ
Cheryl ~1f-'~
Recording Secretary