02-26-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 26, 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; Mike Eastling, Public Works Director; Dan Scott,
Public Safety Director; Bruce Palmborg, Community Development
Director; Jim Topitzhofer, Recreation Services Director; Chris Regis,
Finance Manager; Cheryl Krumholz, Recording Secretary; and
Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Rosenberg to approve the minutes of the (1) Special City Council
Meeting of January 30, 2001; (2) Special City Council Study Session of February 12, 2001;
and (3) Regular City Council Meeting of February 12, 2001.
Motion carried 5-0.
Council Meeting Minutes-2-February 26, 2001
Item #1INTRODUCTION OF NEWLY-APPOINTED RICHFIELD CITY CLERK,
NANCY GIBBS
Administrative Services Director Devich introduced Nancy Gibbs as the newly
appointed Richfield City Clerk.
Item #2COUNCIL DISCUSSION ITEMS
Council Member Sandahl reported that she attended a press conference today at
the Capitol where Senator Dave Johnson and Senator Roy Terwilliger spoke about
legislation to be placed on the ballot to increase the sales tax one-half percent for metro
area transit improvements.
Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Carl Cornell, 6615 Lake Shore Drive, #807, spoke against the development of a
small parcel of land located between Gramercy and the Lake Shore Drive condominiums.
Robert Hall, 7309 Oliver Avenue, spoke against the 76th Street/I-35W north bound
entrance because of the taking of homes and the lack of appropriate notice. He also
spoke about Senator Dave Johnson’s comments regarding the Crosstown/I-35W
reconstruction projects and issues regarding fiscal disparities.
Dennis Manson, 13012 Welcome Lane, Burnsville, spoke about the purchase of
City vehicles and equipment.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Rosenberg, S/Sandahl to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes-3-February 26, 2001
Item #5 CONSENT CALENDAR
A.Approved resolution approving summary publication of ordinance amendment to
Section 3.12 of Richfield City Code which pertains to cable television franchise for
WideOpenWest S.R. No. 53
RESOLUTION NO. 9010
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
AMENDMENT TO SECTION 3.12 OF THE RICHFIELD CITY CODE
WHICH PERTAINS TO A CABLE TV FRANCHISE FOR WIDEOPENWEST
This resolution appears as Resolution No. 9010 in Resolution Book No. 72.
B.Approved changing start time of April 30, 2001 Board of Equalization meeting from 7
p.m. to 5:30 p.m. S.R. No. 54
C.Approved resolution requesting Commissioner of Transportation to revoke Municipal
State Aid designation from 77 1/2 Street from Colfax Avenue to Lyndale Avenue,
Aldrich Avenue from 78th Street to 77th Street, and Colfax Avenue from 78th Street
to 77th Street S.R. No. 55
RESOLUTION NO. 9011
RESOLUTION REVOKING MUNICIPAL STATE AID DESIGNATION
FROM CERTAIN CITY STREETS
This resolution appears as Resolution No. 9011 in Resolution Book No. 72.
D.Approved purchase order to Sweeney Brothers Tractor, Inc. for motor grader with
snow wing in amount of $132,166.50 S.R. No. 56
E.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 14A
Council Member Enger asked to have 5E removed from the Consent Calendar and
moved to the regular agenda.
Mayor Kirsch stated that Item 5E has been removed from the Consent Calendar and
placed on the regular agenda as Item 14A.
M/Ulrich, S/Rosenberg to approve the consent calendar as amended.
Motion carried 5-0.
Council Meeting Minutes-4-February 26, 2001
Item #6RECEIPT OF CITY CLERK’S CERTIFICATION OF SECOND PETITIONS
REGARDING REPLACEMENT HOUSING STOCK INITIATIVE AND
TRAFFIC AND PARKING REQUIREMENTS INITIATIVE SUBMITTED
FEBRUARY 13, 2001 BY SPONSORING COMMITTEE OF DEWAYNE
SIETSEMA, DEB NORDMARKEN, PEGGY HANDT, MYRLE RICHTER AND
JOSEPH KRZYZANIAK S.R. NO. 58
Administrative Services Director Devich reviewed Staff Report No. 58 regarding
receipt of the City Clerk’s Certification of the second petitions regarding the replacement
housing stock initiative and traffic and parking requirements initiative submitted February
13, 2001 by a Sponsoring Committee.
Mr. Devich stated that the City Clerk has completed a preliminary examination of
both petitions. Both petitions appear to be sufficient, in that they contain a number of
signatures equal to at least 5% of the registered voters at the time of the last election.
However, the total number of signatures do not equal 15% of the registered voters at the
time of the last election.
Mr. Devich said there appeared to be some irregularities in signatures on the sheets
submitted by three different petitioners. The City Manager directed the City Clerk to call
some of these signers to ask if they had signed the petition. In one instance, the signature
on the petition was that of a deceased man as verified by the surviving wife. The irregular
signature information was given to the Richfield Public Safety Department for further
investigation for possible forgery and perjury charges. Public Safety has 22 signed
affidavits from individuals whose name appears on the petition, but they did not sign the
petition.
City Manager Orduno stated the petitioners in questions were paid collectors not
local residents.
Council Member Rosenberg asked if the first set of petitions had been reviewed in
this regard.
City Clerk Gibbs said it was brought to her attention, but there wasn’t any time to
pursue it because of the five-day timeline to certify signatures on the four petitions.
Deb Nordmarken, 6933 Sheridan Avenue, apologized on behalf of the Sponsoring
Committee. She said that for this second set of petitions, the majority of the work was
done by National Voter Outreach (NVO), but not the first time.
Eric Galatz, 150 South Fifth Street, Leonard, Street & Deinard, representing the
Sponsoring Committee and Walser Automotive, apologized also. He said Leonard, Street
&Deinard retained NVO to obtain enough signatures for this second petition.
Council Member Sandahl asked what NVO is and how much petitioners were paid.
Council Meeting Minutes-5-February 26, 2001
Mr. Galatz said NVO assists communities in obtaining signatures and each
petitioner received $3.75 per signature.
Camillo DeSantis, 6508 Newton Avenue, asked who paid NVO.
Mr.Galatz said Leonard, Street & Deinard did this second petition drive pro-bono.
City Manager Orduno asked for Council direction regarding staff’s pursuing this
investigation of signatures any further.
M/Sandahl, S/Rosenberg to submit the City’s results of the investigation of petition
signatures to the Attorney General, County Attorney and Secretary of State’s office for
further review.
Mayor Kirsch asked that the City Council receive updated results.
City Manager Orduno said the City will take the results as certified by the City Clerk
and submit them to the appropriate legal authorities.
Motion carried 5-0.
CONSIDERATION OF ACTIONS RELATED TO SECOND PETITIONS
Item #7
REGARDING:
x
INITIATIVE PROPOSING ORDINANCE TO ESTABLISH TRAFFIC AND
PARKING REGULATIONS TO PROTECT PUBLIC HEALTH, SAFETY
AND GENERAL WELFARE
x
INITIATIVE PROPOSING ORDINANCE TO PRESERVE HOUSING
STOCK OF CITY OF RICHFIELD
S.R. NO. 59
City Manager Orduno reviewed Staff Report No. 59 regarding Council action related
to the second petitions for initiative.
M/Sandahl, S/Rosenberg that these duplicate initiative petitions be declared null for
the same reasons as the first set of petitions were rendered null by the City Council at the
February 12, 2001 City Council meeting.
Mayor Kirsch requested the Recording Secretary conduct a roll call vote.
Motion carried 4-1. (Enger opposed.)
Council Meeting Minutes-6-February 26, 2001
Item #8CANCELLATION OF PUBLIC HEARING AND SECOND READING OF
ORDINANCE AMENDMENT TO SECTION 1200 OF CITY CODE
ALLOWING SALE AND CONSUMPTION OF LIQUOR AT RICHFIELD
COMMUNITY CENTER S.R. NO. 60
City Manager Orduno requested that the public hearing and second reading of the
ordinance amendment to Section 1200 of the City Code allowing sale and consumption of
liquor at the Richfield Community Center be cancelled to permit discussion at the March
12, 2001 Study Session.
Item #9PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE AUTHORIZING SALE OF PROPERTY AT 6444 CLINTON
AVENUE TO HRA FOR REHABILITATION S.R. NO. 61
Community Development Director Palmborg reviewed Staff Report No. 61 regarding
the public hearing and second reading of a transitory ordinance authorizing the sale of
property at 6444 Clinton Avenue to the HRA for rehabilitation.
Council Member Enger said he was concerned that the sale of this particular home
could be considered favoritism because the previous owner worked for the school district.
City Manager Orduno stated that the City has not and does not operate this way
and the City Attorney would confirm that action.
Mr. Palmborg reviewed the process related to the sale of this property.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ulrich, S/Rosenberg that this constitutes the Second Reading of Bill No. 2001-4,
of Transitory Ordinance No. 18.04 authorizing the sale of property at 6444 Clinton Avenue
to HRA for rehabilitation, that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 4-1. (Enger opposed.)
Council Meeting Minutes-7-February 26, 2001
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
Item #10
AUTHORIZING USE OF FUNDS FOR 2001 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM S.R. NO. 62
Community Development Director Palmborg reviewed Staff Report No. 62 regarding
a public hearing and consideration of a resolution authorizing use of funds for the 2001
Urban Hennepin County Community Development Block Grant Program.
JulieDanzl, 3410 Pillsbury Avenue, representing the Greater Minneapolis Day Care
Association, thanked the City for their past and continued support.
Ronn Williamson, 4300 Eton Place, representing CASH, thanked the City for their
support.
Council Member Rosenberg said she was pleased that this item was not on consent
because the residents need to know about these organizations and how the City supports
human services.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Rosenberg, S/Sandahl 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. 9012
RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2001 URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN
COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS
Motion carried 5-0. This resolution appears as Resolution No. 9012 in Resolution
Book No. 72.
PUBLIC HEARING AND SECOND READING OF REVISED AMENDMENT
Item #11
TO SECTION 511 OF APPENDIX B OF RICHFIELD ORDINANCE CODE
TO ALLOW REDUCTION IN REQUIRED CORNER VISIBILITY AREA FOR
FULLY CONTROLLED INTERSECTIONS S.R. NO. 63
Community Development Director Palmborg reviewed Staff Report No. 63 regarding
a public hearing and a second reading of a revised amendment to Section 511 of Appendix
B of Richfield Ordinance Code to allow reduction in the required corner visibility area for
fully controlled intersections.
Council Meeting Minutes-8-February 26, 2001
Larry Wozniczka, 6744 Wentworth Avenue, spoke against approval of this
ordinance because greater visibility is needed. He asked if this ordinance applied to
commercial areas.
City Attorney Thomson said that this provision is within general provisions of the
Zoning Code so it would apply to all zoning districts, but the ordinance could be changed
to separate districts.
Council Member Enger said he is opposed to the height increase in any
intersection; as much visibility as possible needs to be maintained. He said to leave the
ordinance as is. The ordinance could be changed to review this issue on a case-by-case
basis and there could be application for a variance.
Randy Darling, 6945 Russell Avenue, spoke in support of the ordinance
amendment.
City Attorney Thomson suggested a modification to the first paragraph of the
ordinance amendment.
M/Ulrich, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ulrich, S/Rosenberg that this constitutes the Second Reading of Bill No. 2001-5,
revising amendment to Section 511 of Appendix B of the Richfield Ordinance Code to
allow reduction in required corner visibility area for fully controlled intersections, and
includes new modifications made to the first paragraph by the City Attorney, that it be
published in the official newspaper and that it be made part of these minutes.
Motion carried 4-1. (Enger opposed.)
Item #12CONSIDERATION OF RESOLUTION AMENDING 2000 GENERAL FUND
BUDGET BY AUTHORIZING TRANSFER OF APPROPRIATIONS FROM
LEGISLATIVE/EXECUTIVE DEPARTMENT, ADMINISTRATIVE SERVICES
DEPARTMENT AND PUBLIC SAFETY DEPARTMENT TO FIRE
DEPARTMENT S.R. NO. 64
Finance Manager Chris Regis reviewed Staff Report No. 64 regarding consideration
of a resolution amending the 2000 General Fund Budget by authorizing a transfer of
appropriations from the Legislative/Executive Department, Administrative Services
Department and Public Safety Department to the Fire Department.
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:
Council Meeting Minutes-9-February 26, 2001
RESOLUTION NO 9013
RESOLUTION AUTHORIZING REVISION OF 2000 BUDGETS OF VARIOUS
DEPARTMENTS
Motion carried 5-0. This resolution appears as Resolution No. 9013 in Resolution
Book No. 72.
Item #13CONSIDERATION OF RESOLUTION AUTHORIZING TRANSFER OF
$64,650 FROM GENERAL FUND TO HRA GENERAL FUND TO FUND
2000 AIRPORT MITIGATION AND REDEVELOPMENT EXPENDITURES
S.R. NO. 65
Finance Manager Chris Regis reviewed Staff Report No. 65 regarding consideration
of a resolution authorizing the transfer of $64,650 from the General Fund to the HRA
General Fund to fund the 2000 airport mitigation and redevelopment expenditures.
M/Ulrich, 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. 9014
RESOLUTION AUTHORIZING TRANSFER OF 2000 GENERAL FUND
BUDGET SURPLUS FUNDS
Motion carried 5-0. This resolution appears as Resolution No. 9014 in Resolution
Book No. 72.
Item #14CONSIDERATION OF LOAN AGREEMENT BETWEEN METROPOLITAN
COUNCIL AND CITY OF RICHFIELD TO USE RIGHT OF WAY
ACQUISITION LOAN FUNDS TO PURCHASE LAND FOR
RECONSTRUCTION OF I-494 FROM I-35W TO PENN AVENUE S.R. NO.
66
Public Works Director Eastling reviewed Staff Report No. 66 regarding
consideration of a loan agreement between the Metropolitan Council and the City of
Richfield to use right of way acquisition loan funds to purchase land for reconstruction of I-
494 from I-35W to Penn Avenue.
Council Member Enger asked who owned the property now.
City Attorney Thomson said through condemnation actions, the HRA owns and has
acquired the title of Wally McCarthy and Walser properties.
Council Meeting Minutes-10-February 26, 2001
Mr. Eastling reviewed the use of RALF (Right of Way Acquisition Loan Funds.)
City Attorney Thomson explained the process of purchasing this land for future
highway right of way for I-494 reconstruction.
Council Member Ulrich said that RALF ends purchasing land for speculation
purposes. She also stated that this purchase is exactly what RALF was set up to do. It is
a perfect example.
Council Member Sandahl said this cooperative agreement was a form of good
government.
M/Kirsch, S/Rosenberg to approve the loan agreement between the Metropolitan
Council and the City of Richfield for protective acquisition of highway right of way for the
future reconstruction of I-494 from I-35W to Penn Avenue.
Motion carried 4-1. (Enger opposed.)
Item #14ACONSIDERATION OF APPROVAL OF NEW RESIDENTIAL KENNEL
LICENSE FOR 7308 SHERIDAN AVENUE; THREE DOGS AND TWO
CATS S.R. NO. 57
Council Member Enger asked the applicant questions regarding the breed of the
dogs she owns and the size of her yard.
Reeta Lincoln, applicant, 7308 Sheridan Avenue, responded to the questions about
the size of her dogs and was not certain of the yard size.
Public Safety Director Scott stated that no complaints had been received.
M/Rosenberg, S/Sandahl to approve the request for a new residential kennel
license for Reeta Lincoln, 7308 Sheridan Avenue.
Motion carried 5-0.
Item #15AIRPORT STATUS REPORT
City Manager Orduno reported that a meeting with Representative Ron Abrams is
scheduled for February 27 to discuss the $5 million appropriation from last year and the
$30 million additional funding for this year.
Council Meeting Minutes-11-February 26, 2001
Item #16HOUSING AND REDEVELOPMENT AUTHORITY REPORT
None.
Item #17OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Randy Darling, 6945 Russell Avenue, spoke about the lack of enforcement of the
tag and tow snowbird policy.
Public Safety Director Scott reviewed the snow event ordinance and procedures.
Mr. Darling asked how much was spent on Clifford Greene’s legal opinion on the
referendum and initiatives petitions and why an outside firm was hired when the City has
an attorney.
City Manager Orduno said Mr. Greene’s fee is $30,000.
City Attorney Thomson said that because Kennedy & Graven has been involved in
the legal challenge related to Walser Automotive and Best Buy, she asked the City to seek
an outside firm’s opinion.
Item #18CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks:101944 - 101974$112,802.06
H/C105137 - 105461$1,008,451.38
PAYROLL23516 - 23689$474,222.94
TOTAL$1,595,476.38
Motion carried 5-0.
Council Meeting Minutes-12-February 26, 2001
ADJOURNMENT
Council Member Ulrich spoke about the parking lot issues between Gramercy and
Wood Lake Nature Center.
The meeting was adjourned by unanimous consent at 9:25 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager