11-14-06 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 14,2006
The meeting was called to order by Mayor Kirsch at 6:33 p.m.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wrage; and
Bill Kilian.
Staff Present:
Steve Devich, City Manager; Mike Eastling, Public Works Director; Dan
Scott, Public Safety Director; Pat Smith, Acting Community Development
Director; Jim Topitzhofer, Recreations Services 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, SlWrage to approve the minutes of Reaular City Council Meetina of October
24. 2006.
Motion carried 5-0.
Item #1
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November 14, 2006
Ron Wilson, Arts Commission Chair, reported on the commission's accomplishments and
goals.
The City Council thanked the commission for their work.
Item #2
Council Member Sandahl announced the January 20, 2007 Richfield Remodeling Fair at
Richfield High School.
Council Member Sandahl stated that one of her employees observed a bald eagle in east
Richfield.
Council Member Sandahl announced the November 15 roundabout open house at City Hall.
The first roundabout in Richfield will be at 17th Avenue/66th Street and is anticipated to be open
August 2007.
Council Member Rosenberg recognized the efforts of the Arts Commission.
Council Member Rosenberg expressed her appreciation to Mayor Kirsch for his time as
Mayor and that it was an honor to have served with him.
Council Member Rosenberg congratulated Council Member Sandahl on her re-election to
the City Council.
Item #3
Mayor Kirsch removed Items B, G, Hand M from the Consent Calendar for separate
consideration.
M/Kilian, S/Sandahl to approve the aaenda as amended.
Motion carried 5-0.
Item #4
A. Approved resolution determining results of City's General Election of November 7,2006
S.R. No. 226
RESOLUTION NO. 9844
RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF
THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 7,2006
This resolution appears as Resolution No. 9844.
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November 14,2006
B. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item 5.
C. Approved legislative proposal from community representatives of Noise Oversight
Committee to improve community representation on Metropolitan Airports Commission
S.R. No. 228
D. Approved designating Council Member Sue Sandahl as City of Richfield official voting
delegate for National League of Cities annual Congress of Cities business meeting on
December 9, 2006 S.R. No. 229
E. Approved amended joint and cooperative agreement of Southwest Suburban Cable
Commission S.R. No. 230
F. Approved extending current two-year contract with Malecha Trucking for lime by-product
disposal at Richfield Water Plant for 2007 in amount of $49,005 S.R. No. 231
G. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item 5.
H. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item 5.
I. Approved scheduling public hearing on December 12, 2006 for renewal of pawnbroker and
secondhand goods dealer licenses for 2007 for Metro Pawn and Gun, Inc. and University
Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 234
J. Approved scheduling public hearing on December 12, 2006 for renewal of on-sale wine and
on-sale 3.2 percent malt liquor licenses for 2007 for Red Pepper Chinese Restaurant,
Thompson's Fireside Pizza, Aribel's Restaurant; Chipotle Mexican Grill of Colorado, LLC
d/b/a Chipotle Mexican Grill; and The Noodle Shop-Colorado Inc. d/b/a Noodles and
Company S.R. No. 235
K. Approved scheduling public hearing for December 12, 2006 for renewal of on-sale
intoxicating and Sunday liquor licenses for 2007 for Khan's Mongolian Barbeque;
Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a
Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's;
Champps Operating Corporation dba Champps Sports Cafe; Wiltshire Restaurants, LLC
d/b/a Houlihan's Restaurant & Bar; The Frenchmans; Taco Morelos; andJun Bo Chinese
Restaurant S.R. No. 236
L. Approved amending consultant agreement with WSB and Associates, Inc. for design of
new Lyndale Avenue bridge at 1-494 S.R. No. 237
M. Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item 5.
M/Rosenberg, S/Kilian to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #5
Ceuncil Meeting Minutes
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Nevember 14, 2006
. 48. .Consi~eration of apprc;>val of first reading of ordinance amendment relating to
City Council salarl sand ch duhng s cond r ading for Nov mber 28, 2006 S.R. No. 227
City Manager Oevich presented Staff Repert No.. 227. A revised erdinance is asked to. be
censidered r~lated to. enly Sectien 210.01, Subd. 5, net the erdinance previeusly previded. The
prepesed erdlnance changes the review date ef City Ceuncil salary adjustments by May 1, rather
than by December 1, ef a municipal effice electien year. To. censider adjusting City Ceuncil salaries
by De~e~ber 1. is pes~ electi~n. .Upen appreva,l ef tecend reading en Nevember 28, the City
Ceuncll will review their salaries In 2008, effective ~009. No. adjustment will be made in 2007 er
2008, and salaries will remain at the 2006 rate. .
MlWrege, S/Resenberg to. a reve the first readin ef the erdinan
City Ceuncil salaries and schedule secend readina ,fer Nevember 28. 200
Metien carried 5-0.
4G. Consideration of approval of reques~ from State of Minnesota for currency
exchange license renewal for Community Money Centers, Inc. d/b/a Money Centers, 6525
Nicollet Avenue S.R. No. 232
4H. Consideration of approval of request from State of Minnesota for currency
exchange license renewal for New Unbank Company, LLP, 6421 Penn Avenue S.R. No. 233
Ceuncil Member Wrege asked if the City was pre-empted from requiring a license as well as
the State.
Public Safety Directer Scett stated the State issues the licenses, the City enly appreves the
licensing.
MlWrege, S/Kilian to. appreve the request fer the renewal ef a currency exchange license fer
Cemmunity Menev Centers. Inc. d/b/a Meney Centers. 6525 Nicellet Avenue: and appreve the
request fer the renewal ef a currency exchange license fer New Unbank Cempany. LLP. 6421 Penn
Avenue Seuth.
Ceuncil Member Sandahl discussed that there is no. mechanism to. track lest bicycles since
licensing was meved frem cities to. the State and has new been eliminated. She requested the City
censider reviewing a mechanism to. track lest bikes.
Public Safety Directer Scett said tweeptiens are currently available - engrave yeur
Operatien 10 en the bicycle and write dewn the bicycle's serial number fer yeur recerds. Lest and
feund bikes are pesteden the City's web site but very seldem claimed.
City Clerk Gibbs stated the City ceuld issue bicycle licenses but there weuld be a cest to.
purchase the licenses and the recerd keeping.
Ceuncil Member Wroge asked hew leng the bicycles are stered.
Public Safety Directer Scett said the law requires a certain ameunt ef time and he believed it
was appreximately 90 days.
Metien carried 5-0.
4M. Consideration of approval of first reading of ordinance amending Transitory
Ordinance No. 18.37 and scheduling second reading for November 28, 2006; Cedar Point
Commons S.R. No. 245
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November 14,2006
City Attorney Thomson presented Staff Report No. 245. In addition to amending the
ordinance, the City Council is requested to adopt a resolution directing the City Clerk to make
technical changes as needed.
City Attorney Thomson explained the Examiner of Title requested the legal description of the
streets to be vacated in the Cedar Point project area be revised, but then was out of the office when
she tried to contact him for clarification. The Examiner does not return to the office until November
15 so the requested changes are unknown but should be done as soon as possible. No areas are
changed, only the describing of the area. Approving the resolution allows moving forward with filing
the plat, which impacts closing. If the Examiner says only the resolution is needed, the November
28 second reading of the ordinance will not be necessary.
M/Kilian, S/Sandahl to approve the first readino of an ordinance amendino Transitory
Ordinance No 18.37 and schedule second readino for November 28. 2006; Cedar Point Commons
and that the followino resolution be adopted and that it be made part of these minutes:
RESOLUTION NO. 9845
RESOLUTION DIRECTING CORRECTION OF TECHNICAL ERRORS IN
TRANSITORY ORDINANCE NO. 18.37
Motion carried 5-0. This resolution appears as Resolution No. 9845.
Public Safety Director Scott provided an update on the October 6 Neighborhood Inspection
Program.
Public Safety Director Scott discussed a recent incident with graffiti and encouraged the
residents' help.
Public Safety Director Scott discussed the recent taser training of Richfield Police Officers.
Item #6
Council Member Wroge presented Staff Report No. 238.
MlWroge, S/Rosenberg to approve a request for a new taxi license for Latino Express. LLC.
1304 E. Lake St.. Minneapolis. and pickino UP fares in Richfield.
Motion carried 5-0.
Item #7
Council Member Rosenberg presented Staff Report No. 239.
Council Member Sandahl said the sign does not interfere with traffic visibility.
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November 14,2006
Council Member Rosenberg added the building is very attractive.
M/Rosenberg, S/Wroge to close the public hearina.
Motion carried 5-0.
M/Rosenberg, S/Wroge that the followina resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9846
RESOLUTION FOR SPECIAL COUNCIL APPROVAL OF
A GROUND MONUMENT SIGN LOCATED FORWARD OF
THE PRINCIPAL BUILDING SETBACK AT
7444 L YNDALE AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 9846.
Item #8
Council Member Rosenberg presented Staff Report No. 240.
M/Rosenberg, S/Kilian that this constitutes the second readina of Bill No. 2006-17 to amend
the City Administrative Code Chapter III. Subsection 310.33. Subdivision 9. describina terminal
vacation. that it be published in the official newspaper and that it be made part of these minutes.
Council Member Wroge asked about the appeal process timeline.
City Attorney Thomson said she is not aware of a proposal to appeal. The timeline to
appeal is 60 days.
Council Member Wrogeasked if all Minnesota employees are affected by this law or only
the public sector.
City Attorney Thomson said both groups.
Motion carried 5-0.
Item #9
Council Member Sandahl presented Staff Report No. 241.
M/Sandahl, S/ Wroge that this constitutes the second readina of Bill No. 2006-18 to amend
the ordinance relatina to discharaes and connections to the stormwater system. that it be published
in the official newspaper and that it be made part of these minutes; and that the followina resolution
be adopted and that it be made part of these minutes:
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November 14, 2006
RESOLUTION NO. 9847
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE WHICH PERTAINS
TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM
Motion carried 5-0. This resolution appears as Resolution No. 9847.
Item #10
Council Member Sandahl presented Staff Report No. 242.
M/Sandahl, S/Kilian to approve the removal of the mid-block crosswalk located on the west
half of Lake Shore Drive.
Council Member Wroge asked about the crosswalk between 65th/66th Streets on Lyndale
Avenue.
Public Works Director Eastling said removal of that mid-block crosswalk will come before the
City Council for consideration depending upon the Transportation Commission recommendation.
Council Member Wroge asked about when the crosswalk light flashes on Lake Shore Drive.
Public Works Director Eastling said the light flashes when the crosswalk button is activated.
Motion carried 5-0.
Item #11
Council Member Kilian presented Staff Report No. 243.
M/Kilian, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9848
RESOLUTION AUTHORIZING SETTING A PUBLIC HEARING ON PROPOSED
IMPROVEMENTS AT 66TH STREET AND RICHFIELD PARKWAY
Council Member Sandahl asked about the reduction in Municipal State Aid (gas tax)
funding.
Public Works Director Eastling explained the bond funding increased and MSA makes up
the difference.
Council Member Wroge asked about Ryan Companies paying more if they were not capped
at 20%.
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November 14, 2006
City Attorney Thomson explained that without an agreement with Ryan to pay 20% of the
special assessment, they would have the right to challenge the improvement benefit to their
property. There must be 20% secured by special assessment to issue the bond without a public
vote. Once the project is constructed, the other properties could not be assessed but some other
process would be used.
Motion carried 5-0. This resolution appears as Resolution No. 9848.
Item #12
Council Member Kilian presented Staff Report No. 244.
City Attorney Thomson explained that the changes in the stormwater agreement distributed
to the City Council tonight are not substantial. Late this afternoon, Home Depot requested some
changes that appear to be minor.
City Attorney Thomson requested the motion also include that the City Attorney and City
Manager are authorized to approve non-material changes in the stormwater agreement.
City Attorney Thomson explained the part of the agreement related to Ryan paying for the
construction of the stormwater pond. If the pond location needs to be changed because of TH 77
roadway improvements, Ryan does not pay for it. There is no agreement that would require
MnDOT to pay but that would be considered.
Council Member Wroge asked about a new location and the cost if the pond needed to
move.
Public Works Director Eastling stated MnDOT does not have lots of land to store stormwater
but there are no plans being considered by MnDOT for TH 77. One location could be the loop road
area around Taft Park.
M/Kilian, S/Sandahl to authorize the Mavor and City Manaoer to execute the proposed
Stormwater Aoreement between the City of Richfield and Rvan Companies for the purpose of
stormwater treatment of the Cedar Point Redevelopment and authorize the City Attornev and City
Manaoer to approve non-material chanoes in the stormwater aoreement.
Motion carried 5-0.
Item #13
City Manager Devich discussed scheduling a date for Congressman-elect Keith Ellison to
attend a City Council meeting.
City Manager Devich reported staff is trying to schedule the annual meeting with the local
legislators.
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November 14, 2006
Item #14
M/Rosenberg, SlWroge that the followinq claims and pavrolls be approved:
u. S. BANK
AlP Checks: 154081 - 154628
PAYROLL 34996 - 35330; 41211-41223
TOTAL
$ 1,647,641.17
$ 458,413.13
$ 2,106,054.30
Motion carried 5-0.
The City Council meeting was adjourned by unanimous consent
Date Approved: December] 2. 2006
~~
Recording Secretary