01-08-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
January 8, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; John Enger; Sue Sandahl;
and Gertrude Ulrich.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Deborah Guiher, Deputy City Clerk; Mike Eastling,
Public Works Director; Dan Scott, Public Safety Director; Jim
Topitzhofer, Recreation Services Director; Bruce Nordquist, Housing
& Redevelopment Manager; Kathy Farris, Human Service
Planner/Coordinator; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
City Manager Orduno asked that the minutes from the Special City Council Meeting
of January 2, 2001 be amended to state that the Minneapolis Star Tribune will be the
secondary official newspaper for the City of Richfield for 2001. Legal publications will not
be published in both newspapers. The Richfield Sun-Current has been designated as the
official newspaper for 2001.
Council Meeting Minutes-2-January 8, 2001
M/Rosenberg, S/Sandahl to approve the minutes of the (1) Regular City Council
Meeting of December 11, 2000; and the amended minutes of the (2) Special City Council
Meeting of January 2, 2001.
Motion carried 5-0.
Item #1ANNUAL MEETING WITH LOCAL LEGISLATORS TO DISCUSS CITY OF
RICHFIELD 2001 LEGISLATIVE INITIATIVES AND POLICIES
State Senator Jane Ranum, State Representative Dan Larson, State
Representative Mark Gleason, State Senator Dave Johnson, and Metropolitan Council
Representative Phil Riveness spoke regarding their continued support of airport noise
mitigation, no sale of wine in grocery stores and transportation issues. State Senator
Ranum also spoke of her support in the Integrated Criminal Justice Information System
and in the Education Budget. Hennepin County Commissioner Randy Johnson discussed
property tax reform, the welfare program and immigration.
Mayor Kirsch and all Council Members thanked each Legislator for their dedicated
work to these issues and their continued support in the future.
Item #2PRESENTATION OF CERTIFICATE OF APPRECIATION TO DR. YANG,
DAO, ASSISTANT DIRECTOR OF COMMUNICATIONS, ST. PAUL SCHOOL
DISTRICT
Recreation Services Director Topitzhofer presented a certificate of appreciation to
Dr. Yang, Dao, Assistant Director of Communications with the St. Paul School District. On
December 7, Dr. Yang, Dao shared information with City staff regarding Southeast Asian
cultures.
Item #3PRESENTATION OF LETTERS OF COMMENDATION FROM CITY OF
RICHFIELD PUBLIC SAFETY DEPARTMENT TO 9-1-1 DISPATCHER JAY
BURNS AND POLICE OFFICER DAVID THILL
Public Safety Director Scott presented letters of commendation to 9-1-1 Dispatcher
Jay Burns and Police Officer David Thill for their assistance in the birth of a child at Wood
Lake Nature Center.
Council Meeting Minutes-3-January 8, 2001
Item #4COUNCIL DISCUSSION ITEMS
Council Member Rosenberg stated that she had been contacted by a Richfield
resident regarding a petition for a referendum. The resident explained that she was
approached while in a restaurant, and the person that wanted her to sign the petition was
insistent and became belligerent as to her signing. She was also informed by this person,
that the Best Buy project would involve the taking of one of Richfield’s schools. Council
Member Rosenberg stated that Best Buy is not taking any schools. A professional group
has been hired to get these signatures and they are giving people false information.
Mayor Kirsch stated that the City Council and department heads were at an
outstanding goal setting session and these goals will be discussed at a later date.
Item #5OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Terry Ahlstrom, 7600 Morgan Avenue, read a letter he prepared regarding what the
people that live in the Interchange West area have gone through these past four years. He
asked that everyone respect your neighbors and friends on a human level.
FredWroge, 124 East 70th Street, stated his concerns with the number of cars that
are allowed to sit on property, signs that are posted on telephone poles, boom box
complaints and shopping carts from the Hub that are left all over the City.
Mayor Kirsch asked that these issues be put on a Study Session agenda for
discussion.
Dewayne Sietsema, 6724 Vincent Avenue, apologized for the misconception of
what happened with the petitioner while attaining signatures as discussed earlier by
Council Member Rosenberg. Once the petition committee learned of this incident, they
took the necessary steps to see that it wouldn’t happen again.
Camillo DeSantis, 6508 Newton Avenue, asked the Richfield residents to be aware
of what the petition involves before signing it. He again stated that Walser is interfering
and manipulating Richfield residents. Mr. DeSantis is speculating that Walser is also
financing the petition.
Robert Hall, 7309 Oliver Avenue, stated that he has not been used or abused by
Walser. He is simply asking for a vote by the people.
Item #6 COUNCIL APPROVAL OF AGENDA
Council Meeting Minutes-4-January 8, 2001
Mayor Kirsch stated that Item 7E is to be removed from the Consent Calendar.
M/Sandahl, S/Rosenberg to approve the agenda as amended.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A.Approved resolution approving stipulation of final settlement on Parcel 11, K.E.
Peters Billiards Supply, Inc., 6421 Cedar Avenue S.R. No. 6
RESOLUTION NO. 8997
RESOLUTION AUTHORIZING EXECUTION OF A STIPULATION OF FINAL
SETTLEMENT FOR 6421 CEDAR AVENUE
(66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT)
This resolution appears as Resolution No. 8997 in Resolution Book No. 72.
B.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 19A.
C.Approved resolution relating to no parking on east and west sides of Lyndale Avenue
from 76th Street to 77th Street S.R. No. 8
RESOLUTION NO. 8998
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
“NO PARKING” ON THE EAST AND WEST SIDES OF
LYNDALE AVENUE FROM 76th STREET TO 77th STREET
This resolution appears as Resolution No. 8998 in Resolution Book No. 72.
D.Approved continuation of agreement with City of Bloomington for provision of public
health services for City of Richfield for 2001 S.R. No. 9
E.(Removed from the Consent Calendar.) Consideration of approval of continuation of
agreement with City of Bloomington for provision of building inspections and code
enforcement services for Richfield for 2001 and 2002, under new, separate
agreement S.R. No. 10
F.Approved establishing April 30, 2001 as date for 2001 Local Board of Equalization
S.R. No. 11
M/Rosenberg, S/Sandahl to approve the consent calendar as amended.
Council Meeting Minutes-5-January 8, 2001
Motion carried 5-0.
Item #8DISCIPLINARY HEARING AND CONSIDERATION OF RESOLUTION
SUSPENDING ON-SALE INTOXICATING AND SUNDAY LIQUOR
LICENSES FOR CHI CHI’S MEXICAN RESTAURANTE, 7717 NICOLLET
AVENUE, AND IMPOSING CIVIL PENALTY S.R. NO. 12
Public Safety Director Scott reviewed Staff Report No. 12 regarding consideration of
a resolution suspending on-sale intoxicating and Sunday liquor licenses for Chi Chi’s at
7717 Nicollet Avenue and imposing a civil penalty.
Bill Griffith, Attorney with Larkin, Hoffman, Daly & Lindgren, Ltd., representing Chi
Chi’s, stated that the following representatives from Chi Chi’s were present for testimony if
needed: Shelly Michel, Regional Manager; Bill Zavertnik, Divisional Vice-President; and
Mike Blecman, the new General Manager. Mr. Griffith stated that Chi Chi’s has a zero
tolerance for serving alcohol to minors. Two of the offenses that occurred were human
error, and because of this, Chi Chi’s is requesting this be treated as a second offense with
all the penalties of a third.
Council Member Enger stated that stiffer penalties and fines need to be imposed,
and that Resolution 8808 should be examined at a Study Session.
M/Rosenberg/, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Rosenberg, S/Kirsch 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. 8999
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR
LICENSE FOR CHI CHI’S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE
SOUTH; AND IMPOSING A CIVIL PENALTY
Council Member Sandahl stated that selling alcohol to minors is serious and this
issue needs to be looked at again concerning time lines, the dollar amount for fines and
the suspensions.
Mayor Kirsch responded that a Study Session would be held on February 12, 2001
to discuss these issues.
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
8999 in Resolution Book No. 72.
Council Meeting Minutes-6-January 8, 2001
Item #9PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING
SECTION 1200 OF RICHFIELD CITY CODE; ADDING NEW SUBSECTION
TO ALLOW SALE OF INTOXICATING LIQUOR AT RICHFIELD
COMMUNITY CENTER BY PERMIT S.R. NO. 13
Recreation Services Director Topitzhofer presented Staff Report No. 13 regarding a
second reading of an ordinance amending section 1200 of the Richfield City Code; adding
a new subsection to allow sale of intoxicating liquor at the Richfield Community Center by
permit.
Public Safety Director Scott stated that a police officer would be on duty at each
event.
Council Member Sandahl stated that the City should proceed with approval,
because this can be done responsibly.
Robert Hall, 7309 Oliver Avenue, finds this extraordinary after the hearing with Chi
Chi’s. Mr. Hall stated this would be competing with other City businesses and asked
several questions that need to be considered. He stated the ordinance is written too
vaguely.
Larry Wozniczka, 6744 Wentworth Avenue, stated that the City doesn’t need to offer
on-sale alcohol. Mr. Wozniczka feels that granting this license will allow a permanent party
with the continual use of alcohol. Families need to be encouraged to celebrate without
alcohol.
Camillo DeSantis, 6508 Newton Avenue, stated that there are no places in Richfield
to hold weddings or showers, and this is not competing with any other business. Details
need to be worked out, but he supports the issue.
M/Rosenberg, S/Sandahl to close the hearing.
Motion carried 5-0.
M/Enger, S/Kirsch to table this issue until a Study Session has been completed.
Motion carried 4-1. (Rosenberg opposed.)
Item #10CONSIDERATION OF RESOLUTION AMENDING ESTABLISHED 2001
LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO
PROVISIONS OF APPENDIX D OF CITY ORDINANCE CODE, EFFECTIVE
FEBRUARY 1, 2001 S.R. NO. 14
Council Meeting Minutes-7-January 8, 2001
Public Safety Director Scott presented Staff Report No. 14 regarding a resolution
amending the established 2001 License, Permit and Miscellaneous Fees pursuant to
provisions of Appendix D of the City Ordinance Code, effective February 1, 2001.
M/Sandahl, S/Rosenberg 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. 9000
RESOLUTION AMENDING CERTAIN PROVISIONS OF
RESOLUTION 8891 ENTITLED “RESOLUTION ESTABLISHING
2001 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT
TO THE PROVISIONS OF APPENDIX D OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD
RESCINDING RESOLUTION NO. 8836”
Motion carried 5-0. This resolution appears as Resolution No. 9000 in Resolution
Book No. 72.
Item #11CONSIDERATION OF RESOLUTION APPROVING 2001 SOCIAL SERVICE
AGENCY FUNDING RECOMMENDATIONS S.R. NO. 15
Human Services Planner/Coordinator Farris presented Staff Report No. 15
regarding a resolution approving the 2001 Social Service Agency funding
recommendations.
M/Rosenberg, S/Ulrich 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. 9001
A RESOLUTION APPROVING THE 2001 SOCIAL SERVICE AGENCY FUNDING
RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY
Motion carried 5-0. This resolution appears as Resolution No. 9001 in Resolution
Book No. 72.
Item #12CONSIDERATION OF FIRST READING OF PROPOSED CABLE
TELEVISION ORDINANCE FOR EVEREST CONNECTIONS
CORPORATION S.R. NO. 16
Council Meeting Minutes-8-January 8, 2001
Administrative Services Director Devich presented Staff Report No. 16 regarding
the first reading of a proposed cable television ordinance for Everest Connections
Corporation.
Brian Grogan of Moss & Barnett, attorney for Southwest Suburban Cable
Commission (SWSCC), reviewed the process and the franchise agreement for Everest
Connections Corporation and WideOpenWest,LLC in Staff Report No.’s 16 and 17.
M/Rosenberg, S/Sandahl that this constitutes the First Reading of this ordinance;
and the Public Hearing and Second Reading of the ordinance be scheduled for the
February 12, 2001 City Council Meeting.
Motion carried 5-0.
Item #13CONSIDERATION OF FIRST READING OF PROPOSED CABLE
TELEVISION ORDINANCE FOR WIDEOPENWEST, LLC S.R. NO. 17
Administrative Services Director Devich presented Staff Report No. 17 regarding
the first reading of a proposed cable television ordinance for Wideopenwest, LLC.
M/Rosenberg, S/Sandahl that this constitutes the First Reading of this ordinance;
and the Public Hearing and Second Reading of the ordinance be scheduled for the
February 12, 2001 City Council Meeting.
Motion carried 5-0.
Item #14CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
TO CHANGE NAME OF 73-1/2 STREET TO PILLSBURY LANE S.R. NO.
18
City Manager Orduno presented Staff Report No. 18 regarding the first reading of a
transitory ordinance to change the name of 73 1/2 Street to Pillsbury Lane.
M/Ulrich, S/Rosenberg that this constitutes the First Reading of this ordinance; and
the Public Hearing and Second Reading of the ordinance be scheduled for the February
12, 2001, City Council Meeting.
Motion carried 5-0.
Council Meeting Minutes-9-January 8, 2001
Item #15CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
TO ALLOW REDUCTION IN REQUIRED CORNER VISIBILITY AREA FOR
FULLY CONTROLLED INTERSECTIONS S.R. NO. 19
City Manager Orduno presented Staff Report No. 19 regarding the first reading of
an ordinance amendment to allow the reduction in the required corner visibility area for
fully controlled intersections.
M/Ulrich, S/Rosenberg that this constitutes the First Reading of this ordinance; and
the Public Hearing and Second Reading of the ordinance be scheduled for the February
12, 2001 City Council Meeting.
Motion carried 5-0.
Item #16CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
TO CITY ADMINISTRATIVE CODE CHAPTER III, SUBSECTION 310.33
DESCRIBING VACATION LEAVE S.R. NO. 20
Administrative Services Director Devich presented Staff Report No. 20 regarding
the first reading of an ordinance amendment to the City Administrative Code Chapter III,
Subsection 310.33 describing vacation leave.
M/Sandahl, S/Rosenberg that this constitutes the First Reading of this ordinance;
and the Public Hearing and Second Reading of the ordinance be scheduled for the
February 12, 2001 City Council Meeting.
Motion carried 5-0.
Item #17CONSIDERATION OF NEW RESIDENTIAL KENNEL LICENSE FOR 7312
HARRIET AVENUE (CONTINUED FROM NOVEMBER 27, 2000) S.R. 21
Public Safety Director Scott presented Staff Report No. 21 regarding consideration
of a new residential kennel license for 7312 Harriet Avenue. No complaints have been
received since the continuation of the November 27 meeting.
Peg Gallagher, 7312 Harriet Avenue, applicant for the kennel license, stated that
one of her dogs was loose twice and that she has had her fence repaired. She also stated
that until a decision is made regarding the license, she has had her third dog removed
from Richfield and it is living with her daughter in another community.
Council Meeting Minutes-10-January 8, 2001
M/Sandahl, S/Rosenberg to approve the request for a new residential kennel
license for Peg Gallagher, 7312 Harriet Avenue South.
Motion carried 5-0.
Item #18CONSIDERATION OF COUNCIL LIAISON APPOINTMENT FOR 2001 TO
VARIOUS METROPOLITAN AGENCIES AND CITY COMMISSIONS S.R.
NO. 22
Council Member Sandahl led the discussion on the appointments of the Council
Liaisons for 2001.
M/Sandahl, S/ Rosenberg to appoint Susan Rosenberg as a Representative to the
Richfield School District, Community Services Commission and the Community Human
Services Planning Council.
Motion carried 4-1. (Enger opposed.)
M/Sandahl, S/Rosenberg to appoint Mayor Kirsch as Liaison to the Advisory Board
of Health, Planning Commission and Friendship City Commission.
Motion carried 5-0.
M/Kirsch, S. Rosenberg to appoint Sue Sandahl as a Representative to I-35W
Solutions Alliance, NOISE and a Liaison to the 494 Corridor Commission.
Motion carried 5-0.
M/Enger, S/Rosenberg to appoint John Enger as an Alternate Representative to the
Richfield School District.
Motion carried 5-0.
M/Enger, S/Sandahl to appoint John Enger as an Alternate Representative to the
Community Services Commission.
Motion carried 5-0.
M/Kirsch, S/Sandahl to appoint Susan Rosenberg as an Alternate Representative to
the Planning Commission.
Motion carried 5-0.
M/Kirsch, S/Rosenberg to appoint Sue Sandahl as an Alternate Representative to
the Friendship City Commission.
Council Meeting Minutes-11-January 8, 2001
Motion carried 5-0.
M/Ulrich, S/Sandahl to appoint Gertrude Ulrich as an Alternate Representative to
Community Human Services Planning Council.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to appoint Susan Rosenberg as an Alternate
Representative to the Advisory Board of Health.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to appoint Tom Foley as an Alternate Representative to
494 Corridor Commission, and Mike Eastling as an Alternate Representative to I-35W
Solutions Alliance.
Motion carried 5-0.
M/Rosenberg, S/Sandahl to appoint Kristal Stokes as an Alternate Representative
to MASAC.
Motion carried 5-0.
M/Ulrich, S/Sandahl to appoint John Enger as a Representative to MASAC.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to appoint Pam Dmytrenko as a Representative to
MASAC and Samantha Orduno as an Alternate Representative to MASAC.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to appoint John Enger as a Representative to NOISE.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to appoint Gertrude Ulrich as a Representative to
Associated Metro Municipalities and Sue Sandahl as an Alternate Representative.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to appoint John Enger and Steve Devich as Directors for
the Southwest Suburban Cable Commission, and Gertrude Ulrich and Samantha Orduno
as Alternate Directors.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to appoint Sue Sandahl as a Representative to the
League of Minnesota Cities and Samantha Orduno as an Alternate Representative.
Council Meeting Minutes-12-January 8, 2001
Motion carried 5-0.
M/Kirsch, S/Sandahl to appoint Kathy Farris as Liaison to the Storefront/Youth
Action and Susan Rosenberg as an Alternate Liaison.
Motion carried 5-0.
M/Sandahl, S/Kirsch to appoint Gertrude Ulrich as a Liaison for the Human Rights
Commission and Susan Rosenberg as an Alternate Liaison.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to appoint Gertrude Ulrich as a Representative for the
FOWL Board and Susan Rosenberg as an Alternate Representative.
Motion carried 5-0.
M/Kirsch, S/Rosenberg to appoint Sue Sandahl as a Representative to Richfield
2020.
Motion carried 5-0.
Item #19CONSIDERATION OF APPROVAL OF CITY OF RICHFIELD 2001
LEGISLATIVE INITIATIVES AND POLICIES S.R. NO. 23
Mayor Kirsch discussed the four highest priorities for the City as follows:
1.Airport Noise Mitigation
2.Control of Alcohol Sales
3.Funding for Transportation
4.Resources for Family Services Collaborative
M/Sandahl, S/Rosenberg to approve the City of Richfield 2001 Legislative Initiatives
and Policies.
Motion carried 5-0.
Item #19ACONSIDERATION OF APPROVAL OF EXECUTION OF PHASE TWO
ENVIRONMENTAL SITE ASSESSMENT PROFESSIONAL SERVICES
AGREEMENT WITH LIESCH ASSOCIATES, INC. FOR 66TH STREET
AND TRUNK HIGHWAY 77 INTERCHANGE PROJECT S.R. NO. 341
Council Meeting Minutes-13-January 8, 2001
Council Member Enger stated his concerns with the Environmental Site
Assessment regarding hazardous waste.
City Manager Orduno responded that if there is hazardous materials on these
properties, the responsibility for clean up goes back to the owners. The City will not be
subject to any environmental damages or cost and the City would not be responsible for
the removal.
M/Sandahl, S/Rosenberg to approve the execution of phase two Environmental Site
Assessment Profession Services Agreement with Liesch Associates, Inc. for 66th Street
and Trunk Highway 77 Interchange project.
Motion carried 5-0.
Item #20AIRPORT STATUS REPORT
City Manager Orduno stated that on January 9, 2001 there would be a meeting with
representatives from other cities, representatives from MAC, FAA, the Metropolitan
Council and the Department of Trade and Economic Development to discuss a coalition
and to approach the Legislature with legislation designed as a long-term dedicated source
of noise mitigation funds. Results of this meeting will be presented to the City Council on
January 22.
Item #21OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
None.
Item #22CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO. 12-26-00
INT Checks:101782 - 101823$532,458.10
H/C103757 - 104114$763,171.42
PAYROLL22764 - 22943$477,790.97
TOTAL$1,773,420.49
Council Meeting Minutes-14-January 8, 2001
RICHFIELD BANK & TRUST CO. 1-8-01
INT Checks:101824 - 101850$235,120.85
H/C104116 - 104378$1,632,281.25
PAYROLL22945 - 23123$460,026.66
TOTAL$2,327,428.76
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 11:59 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Deborah J. GuiherSamantha Orduno
Deputy City ClerkCity Manager