09-10-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 10, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John
Enger; and Sue Sandahl.
OPEN FORUM
David Borun, 2827 Stevens Avenue, Minneapolis, Hollywood Searchlight, asked the
City Council to re-examine the City’s ordinance regarding the prohibition of searchlights
because Richfield is becoming more commercialized.
Mayor Kirsch asked the City Manager to place this matter on a future City Council
Worksession for discussion. He also asked that Mr. Borun and vendors be notified of that
Worksession.
There were no additional registered speakers; therefore, Mayor Kirsch adjourned
the Open Forum at 7:05 p.m.
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:06 p.m.
Council Meeting Minutes-2-September 10, 2001
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John
Enger; and Sue Sandahl.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Bruce Palmborg, Community Development
Director; Dan Scott, Public Safety Director; Jim Topitzhofer,
Recreation Services Director; Tom Foley, Transportation Engineer;
Pam Dmytrenko, Assistant to City Manager; Kathy Farris, Human
Services Planner/Coordinator; Cheryl Krumholz, Recording
Secretary; and John Dean, City Attorney.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council
Meeting of August 13, 2001; (2) Regular City Council Meeting of August 13, 2001; (3)
Special Concurrent City Council and Civil Services Commission Meeting of August 15,
2001; (4) Special City Council Meeting of August 16, 2001; (5) Special City Council
Meeting of August 20, 2001; and (6) Special Concurrent City Council and HRA Meeting of
August 23, 2001.
Motion carried 5-0.
Item #1PRESENTATION OF FRIENDSHIP CITY CERTIFICATES OF RECOGNITION
TO COSTA RICA DELEGATION
Mayor Kirsch read and presented Friendship City certificates of recognition to the 13
members of the Heredia, Costa Rican delegation visiting Richfield. He also introduced
Cynthy Mandl, Richfield’s Friendship City Ambassador.
Council Meeting Minutes-3-September 10, 2001
Item #2PRESENTATION OF PROCLAMATION DESIGNATING WEEK OF
SEPTEMBER 9, 2001 AS HEREDIA WEEK AND SEPTEMBER 15, 2001 AS
COSTA RICAN DAY IN RICHFIELD
Mayor Kirsch and Friendship City Ambassador Cynthy Mandl presented to the
Heredia delegation a proclamation designating the week of September 9, 2001 as Heredia
Week and September 15, 2001 as Costa Rican Day in Richfield.
Alvaro Quesada, a member of the Heredia delegation, presented a handshake
sculpture to the City of Richfield in recognition of their Friendship City relationship and the
September 2001 visit.
Item #3ANNUAL MEETING WITH FRIENDSHIP CITY COMMISSION
Bill Bullock, Friendship City Commission Chair, reviewed the commission’s 2001
accomplishments and 2002 plans. He also explained that private funds, not City funds, are
used for Richfield and Heredia delegation trips.
Mayor Kirsch thanked the Friendship City Commission for their efforts. He also
thanked the host families for the Heredia delegation.
Item #4DISCUSSION WITH RICHFIELD COMMUNITY HUMAN SERVICES PLANNING
COUNCIL
Camillo DeSantis, Vice Chair of the Richfield Community Human Services Planning
Council (RCHSPC), reviewed the history and purpose, activities initiated, collaborative
efforts, priorities and challenges ahead.
Kathy Farris, Human Services Planner/Coordinator, reviewed the social service
funding process.
Council Member Rosenberg said she had been involved with the RCHSPC since
1995. She stated it was a benchmark for Richfield to have the Human Services
Planner/Coordinator position. She thanked the RCHSPC for their efforts and
accomplishments.
Council Member Ulrich stated she was a RCHSPC member since its inception. She
supported the coordination of services and funding.
Council Member Sandahl thanked the RCHSPC for their responsible funding of
services.
Council Meeting Minutes-4-September 10, 2001
Mayor Kirsch thanked the RCHSPC for their efforts and Mr. DeSantis’ commitment to
social services.
Item #5PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION
CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATION
Council Member Sandahl presented the Government Finance Officers Association
Certificate of Recognition for budget preparation to Administrative Services Director Steve
Devich, who accepted on behalf of Finance Manager Chris Regis and the City’s Finance
Division.
Item #6COUNCIL APPROVAL OF AGENDA
Mayor Kirsch removed Consent Calendar Item 7D and placed it on the regular
agenda as Item 14A. On the regular agenda Item 14 moved to Item 9A because of several
members of the audience being present for this matter.
Council Member Enger asked to remove Item 7B and place it on the regular
agenda.
Mayor Kirsch removed Consent Calendar Item 7B and placed it on the regular
agenda as Item 14B.
M/Rosenberg, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
COUNCIL DISCUSSION
Mayor Kirsch stated a decision on the 70th Street calming issue would be on the
September 24 City Council agenda.
Council Member Sandahl announced the FOWL Ball Golf Klassic on September 15,
2001.
Item #6CONSENT CALENDAR
Council Meeting Minutes-5-September 10, 2001
A.Approved designation of Mayor Martin Kirsch as City of Richfield official voting
delegate and Mayor Pro Tempore Suzanne Sandahl as alternate for National League
of Cities annual Congress of Cities business meeting on December 8, 2001 in
Atlanta, GA S.R. No. 222
B.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 14B.
C.Approved resolution amending 2001-2002 labor contract designating increase in
City’s contribution toward health insurance premiums for International Union of
Operating Engineers, Local 49 S. R. No. 224
RESOLUTION NO. 9078
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE
PREMIUMS FOR EMPLOYEES COVERED BY THE
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
This resolution appears as Resolution No. 9078 in Resolution Book No. 73.
D.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 14A.
E.Approved purchase from Lakeshore Equipment for boardwalk ramps at Wood Lake
Nature Center in amount of $30,093.70 S.R. No. 226
F.Approved condemnation commissioners’ award for Morrow Towing property, 6429
Cedar Avenue, in amount of $350,000 S.R. No. 227
G.Approved resolution authorizing Richfield’s continued participation for 2002 in Local
Housing Incentives Account Program under Metropolitan Council’s Livable
Communities Act S.R. No. 228
RESOLUTION NO. 9079
RESOLUTION ELECTING TO CONTINUE PARTICIPATION
IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 2002
This resolution appears as Resolution No. 9079 in Resolution Book No. 73.
H.Approved resolution authorizing execution of stipulation of final settlement for 6325
Cedar Avenue, Parcel 4; 66th Street/Trunk Highway 77 Interchange Project S.R. No.
229
Council Meeting Minutes-6-September 10, 2001
RESOLUTION NO. 9080
RESOLUTION AUTHORIZING EXECUTION OF A
STIPULATION OF FINAL SETTLEMENT FOR 6325 CEDAR AVENUE (PARCEL 4)
(66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT)
This resolution appears as Resolution No. 9080 in Resolution Book No. 73.
I.Approved commercial kennel license renewal for Petco Animal Supplies, Inc., 710
West 66th Street S.R. No. 230
J.Approved itinerant place of amusement license for Evilhill Productions for Dungeons
of Darkness and Doom theatrical haunted house at HUB Shopping Center, 6 West
66th Street, on October 12-31,2001 S.R. No. 231
M/Rosenberg, S/Ulrich to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #8CONSIDERATION OF CONFIRMATION OF APPOINTMENT OF KEVIN
MCGINTY AS FIRE SERVICES DIRECTOR FOR CITY OF RICHFIELD S.R.
NO. 232
City Manager Orduno reviewed Staff Report No. 232 regarding confirmation of the
appointment of Kevin McGinty as Fire Services Director for the City of Richfield. Mr.
McGinty’s first day of employment will be October 1, 2001.
M/Kirsch, S/Rosenberg to confirm the appointment of Kevin McGinty as Fire
Services Director for the City of Richfield.
Motion carried 5-0.
Item #9CONSIDERATION OF RESIDENTIAL KENNEL LICENSE RENEWAL FOR
7412 COLFAX AVENUE, FOUR DOGS S.R. NO. 233
City Manager Orduno reviewed Staff Report No. 233 regarding consideration of a
residential kennel license renewal for 7412 Colfax Avenue for four dogs.
M/Sandahl, S/Rosenberg to approve the request for renewal of a residential kennel
license for Gary and Stacy Berres, 7412 Colfax Avenue South.
Motion carried 5-0.
Council Meeting Minutes-7-September 10, 2001
Item #9ACONSIDERATION OF RESIDENTIAL ACQUISITION STRATEGY FOR
AIRPORT MITIGATIVE PURPOSES USING $10 MILLION IN FEDERAL
FUNDS S.R. NO. 238
City Manager Orduno reviewed Staff Report No. 238 regarding consideration of
residential acquisitions strategy for airport mitigative purposes using $10 million in federal
funds.
Assistant to the City Manager Dmytrenko reviewed the airport mitigation strategy
and the restrictions related to the $10 million in federal funds.
Council Member Enger asked why the properties south of Diagonal Boulevard
weren’t recommended for taking. He also asked why apartments are being bought instead
of single family homes.
Ms. Dmytrenko explained the Council’s desire to acquire property in a north to south
manner and to assemble a large enough parcel of land to redevelop. She said the
apartments are included because they are closest to the runway and not taking them could
prohibit development of the area.
Council Member Enger asked if the FAA and Minnesota Legislature required the
acquisition of the entire 87dB area before redevelopment could occur.
City Manager Orduno answered no. The FAA does not recognize low frequency
noise and the Legislature understands redevelopment must occur as the area becomes
available. She said a large enough site needs to be assembled for redevelopment. She
said sporadic acquisition helps residents the most, but does not help the City as it relates
to redevelopment and taxes. The Legislature has limited acquisition to two blocks west of
Highway 77. She said there are no guarantees of additional funding. She said it is a City
Council policy decision to determine the best location on which to spend the funds.
Council Member Enger stated he is opposed to the large trucks using 18th Avenue
and proposed 63rd Street as an alternative road. He said we need to save City streets
because they are not designed for this type of traffic. He said he would support the
proposed acquisition strategy, but not if it means truck traffic on 18th Avenue.
Transportation Engineer Foley said that after the 66th Street/Highway 77
interchange is built, there should be no heavy truck traffic except what’s currently using
Cedar Avenue now. He said he was not aware of truck traffic on 18th Avenue.
Council Member Enger asked that the City Council be provided with clarification
regarding heavy truck traffic on City streets.
Mayor Kirsch agreed that truck traffic on City streets is unacceptable. He said
Longfellow Avenue could be another alternative route.
Council Meeting Minutes-8-September 10, 2001
Council Member Sandahl asked if the MAC needed to be reimbursed for the $10
million since it was coming through them.
Assistant to the City Manager Dmytrenko answered that there is no direct financial
impact to the City to implement the acquisition plan since the funds for the acquisition and
relocation are being provided by the federal government, via the MAC.
Council Member Enger said that MAC told him all properties in the 65 DNL in
Richfield have been insulated. He asked, if that’s true, why is south Richfield not
insulated. He said insulating was stopped everywhere because contractors were fixing
prices, but then insulating was resumed, but not in Richfield.
Council Member Sandahl said that MAC’s insulation program stopped because the
Runway 4-22 proposed extension was changed.
Ms. Dmytrenko agreed that the noise contour line changed because of the changed
use of Runway 4-22.
City Manager Orduno said that if the FAA approves the 2005 65 DNL, it will move
the noise contour line out of Richfield.
Council Member Enger asked why MAC is not providing to Richfield the agreed
upon $2 million.
City Manager Orduno answered the $10 million from Congressman Sabo is
dedicated to Richfield, but the $2 million from MAC is dedicated to noise mitigation
anywhere.
Council Member Sandahl asked if the proposed loop road from Cedar Avenue to
18th Avenue is permanent.
City Manager Orduno answered yes and reviewed the proposed route with the cul-
de-sac.
Mayor Kirsch said that having a runway so close was not Richfield’s doing; it was a
State decision. He said resident support is needed during the next legislative session and
urged residents to participate.
Council Member Enger asked about the parkway around 17th Avenue that was in
the master redevelopment plan for this area.
City Manager Orduno said plans for the 17th Avenue thoroughfare were based on
an approximate $90 million infusion of funds. While the corridor concept remains in the
plan, everything is dependent on two things: funding and the timing of funding.
Matt King, 6627 17th Avenue, asked if there would be money for insulating his
home and a later buyout.
City Manager Orduno explained that if the 2005 65 DNL is approved, Mr. King’s
home would not be included for insulation any longer. She said if his home is in a different
Council Meeting Minutes-9-September 10, 2001
contour, the MAC may negotiate for acquisition rather than insulation. She said there is no
insulation provided for road noise and the noise impact from the new runway would need
to be reviewed later.
Jeanne Biever, 6701 17th Avenue, asked about a developer’s interest in a partial
versus a whole block.
City Manager Orduno answered that the use of funds on 18th Avenue can only be
used for airport related impacts. She said the City is trying to make the best possible
decision with the least negative impacts.
Ms. Biever asked about the $90 million the City was to receive from the legislature.
City Manager Orduno explained the funding restrictions and limitations imposed by
the FAA and the legislature.
Council Member Enger asked about the status of the FAA’s review of low frequency
noise impacts.
City Manager Orduno responded that the FAA needs more information before
making a decision.
Council Member Ulrich stated the FAA has not been interested in airport impacts;
their interest has been to further aviation. She said the MAC was also that way until
recently. She said the FAA is concerned about creating a precedent with other cities
regarding low frequency noise actions in Richfield.
City Manager Orduno said Minneapolis/St. Paul International Airport is one of a few
state-owned and state-governed airports; others are owned by cities or counties.
Jessica Prow, 6412 Cedar Avenue #302, explained the difficult living conditions in
her apartment related to airport noise. She said she is concerned about increased crime
because of the vacant land.
City Manager Orduno said there are extra patrols in the area.
Jim Hyslop, 6615 17th Avenue, asked if there would be a barrier for the backyards
to reduce noise. He also asked why the 65 DNL line was moving closer to the airport.
City Manager Orduno said it would have to be a City Council policy decision to use
City funds to build a barrier.
Assistant to the City Manager Dmytrenko explained the rationales for the noise
contour line being moved, including quieter aircraft and the different use of the runways.
Mayor Kirsch requested that the Your City newsletter be used to notify residents
when trips to the Legislature are planned and also publicize the times of the showing of the
airport video on cable television.
Council Meeting Minutes-10-September 10, 2001
M/Enger, S/Rosenberg to approve the acquisition strategy of residential property in
the airport mitigative area, using $10 million in federal funds secured by Congressman
Sabo, for the acquisition of the 22 single family homes on the 6600 and 6700 blocks of
18th Avenue and then, with remaining funds, the acquisition of the apartment buildings on
Cedar Avenue, north of 66th Street, with the stipulation that heavy truck traffic not be
allowed on 18th Avenue.
Motion carried 5-0.
Council Member Sandahl asked if the funds were available immediately.
City Manager Orduno said the funds are available, but an agreement with MAC
regarding disbursement, land sale and other details is being prepared by City Attorney
John Dean. She said MAC will review the agreement and then it will be presented to the
City Council for approval.
City Manager Orduno urged property owners in the acquisition area not to do
anything until they receive a letter from the City stating that details for acquisition have
been finalized and a relocation specialist will be contacting them. She said MAC is
working with the City and the land could be cleared by next spring because that’s when the
road improvements are scheduled to begin.
Item #10DISCIPLINARY HEARING AND CONSIDERATION OF RESOLUTION
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
S.R. NO. 234
City Manager Orduno reviewed Staff Report No. 234 regarding 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.
Public Safety Director Scott reviewed the liquor compliance check process.
Houlihan’s
– 6601 Lyndale Avenue – Ken Zeigler and Sean Noonan admitted the violation
occurred and stipulated to the suspension and civil penalty.
Council Member Enger suggested the establishments selling liquor make each
employee prior to the start of their shift, sign a statement that they know the legal drinking
age.
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-11-September 10, 2001
RESOLUTION NO. 9081
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY
LIQUOR LICENSES FOR HOULIHAN’S, 6601 LYNDALE AVENUE SOUTH, AND
IMPOSING A CIVIL PENALTY FOR FIRST TIME FAILURE OF ALCOHOL COMPLIANCE
CHECK
Motion carried 5-0. This resolution appears as Resolution No. 9081 in Resolution
Book No. 73.
Kinhdo
– 6345 Penn Avenue – A Kinhdo representative (signature on register illegible)
admitted the violation occurred and stipulated to the suspension and civil penalty.
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. 9082
RESOLUTION SUSPENDING THE ON-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR KINHDO, 6345 PENN AVENUE SOUTH; AND IMPOSING A
CIVIL PENALTY FOR FIRST TIME FAILURE OF ALCOHOL COMPLIANCE CHECK
Motion carried 5-0. This resolution appears as Resolution No. 9082 in Resolution
Book No. 73.
Oasis Market
– 6300 Lyndale Avenue – Todd Waller admitted the violation occurred and
stipulated to the suspension and civil penalty. Mr. Waller stated the store is in the process
of installing a card reader to verify the age.
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. 9083
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR THE OASIS MARKET (FORMERLY FOOD N FUEL), 6300
LYNDALE AVENUE SOUTH; AND IMPOSING A CIVIL PENALTY FOR FIRST TIME
ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9083 in Resolution
Book No. 73.
Davanni’s
– 2312 West 66th Street – Jill Dougherty admitted the violation occurred and
stipulated to the suspension and civil penalty.
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-12-September 10, 2001
RESOLUTION NO. 9084
RESOLUTION SUSPENDING THE ON-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR DAVANNI’S, 2312 WEST 66TH STREET; AND IMPOSING A
CIVIL PENATY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9084 in Resolution
Book No. 73.
Asian Direct Oriental
– 607 East 77th Street – Dao Lao admitted the violation occurred
and stipulated to the suspension and civil penalty.
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. 9085
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR ASIAN DIRECT ORIENTAL, 607 EAST 77TH STREET; AND
IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9085 in Resolution
Book No. 73.
Khan’s Mongolian Barbecue
– 500 East 78th Street - admitted to the violation, but
requested that this second offense be treated as a first offense because they had missed
the two-year timeframe between offenses by two days.
Council Member Enger asked how many times a year compliance checks are
performed.
Public Safety Director Scott answered two to three times based upon City Council
direction.
Council Member Sandahl stated she was inclined to treat this current offense as a
second; not as a first offense, but if Khan’s fails a compliance check again within two
years, that offense would be treated as a first.
Council Member Enger said that because Khan’s had passed a number of other
compliance checks and this one was missed by a couple days, and there appears to be a
good record regarding police calls, he was inclined to treat this current offense as a
second, and if there was another offense within two years, that would be treated as a first.
Mayor Kirsch agreed with Council Members Sandahl and Enger.
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 and that if a future violation
occurs within two years, that offense will be treated as a first offense:
Council Meeting Minutes-13-September 10, 2001
RESOLUTION NO. 9086
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR
LICENSES FOR KHANS MONGOLIAN BARBECUE, 500 EAST 78TH STREET; AND
IMPOSING A CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9086 in Resolution
Book No. 73.
El Jalapeno
– 1430 East 66th Street – George Frost admitted the violation occurred and
stipulated to the suspension and civil penalty. The store representative requested that the
Public Safety training be provided in Spanish.
Public Safety Director Scott said the City would be as accommodating as possible.
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. 9087
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR EL JALAPENO, 1430 EAST 66TH STREET; AND IMPOSING A
CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9087 in Resolution
Book No. 73.
Kenny’s Market
– 6708 Penn Avenue – No one was present to represent the business.
City Attorney Dean said that since notice of the disciplinary hearing was served,
failure to be present did not mean action could not be taken. He said the business could
dispute the action and appear before the City Council. He suggested the resolution be
amended to include their not attending the hearing.
M/Sandahl, S/Enger that the following amended resolution be adopted, that it be
spread in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9088
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR KENNY’S MARKET, 6708 PENN AVENUE SOUTH, AND
IMPOSING A CIVIL PENALTY FOR THIRD TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 9088 in Resolution
Book No. 73.
12th Avenue Phillips 66
– 7744 12th Avenue – Chelsea Beyer and Kathy Hallick admitted
the violation, but requested that the new management staff be given another chance on
the revocation.
Council Member Sandahl asked about the process for re-application for a liquor
license after a revocation.
Council Meeting Minutes-14-September 10, 2001
Public Safety Director Scott said this is the first liquor revocation to come before the
City Council.
Council Member Sandahl asked the length of the license.
Public Safety Director Scott answered 12 months from the issue date.
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 and that 12th Avenue
Phillips 66 can re-apply for a liquor license 12 months from September 10, 2001:
RESOLUTION NO. 9089
RESOLUTION REVOKING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR 12TH AVENUE PHILLIPS 66, 7744 12TH AVENUE SOUTH,
AND IMPOSING A CIVIL PENALTY FOR FOURTH TIME ALCOHOL COMPLIANCE
FAILURE
Council Member Enger asked if the City could stipulate that the store install
identification checking equipment similar to Richfield’s municipal liquor stores.
City Manager Orduno said that might be overstepping legal boundaries to request
this capital expenditure.
City Attorney Dean said the City Council could state that if the store installs ID
equipment, they could re-apply for a liquor license within a certain amount of time.
Council Member Enger suggested an amendment to the motion that the license be
revoked for one year with the stipulation that application for a new liquor license can be
made after 90 days from September 10, 2001 provided the identification checking
equipment is installed.
The amended motion was acceptable.
Motion carried 5-0 with the stipulation that application for a new liquor license can
be made after 90 days from September 10, 2001 provided the identification checking
equipment is installed. This resolution appears as Resolution No. 9089 in Resolution Book
No. 73.
Council Member Ulrich said the liquor establishments should not get the perception
that the City Council takes these violations lightly. She said enforcement is important.
Council Meeting Minutes-15-September 10, 2001
Item #11CONSIDERATION OF RESOLUTION AUTHORIZING COOPERATIVE
CONSTRUCTION AGREEMENT #82204 WHICH ALLOWS MNDOT TO
REIMBURSE CITY OF RICHFIELD FOR ITS TRANSPORTATION
REVOLVING LOAN FUNDS, PROVIDES $147,000 IN TRUNK HIGHWAY
MONEY, AND PROVIDES CONSTRUCTION ENGINEERING SERVICES
FOR CONSTRUCTION OF PENN AVENUE BRIDGE OVER I-494
PROJECT S.R. NO. 235
City Manager Orduno reviewed Staff Report No. 235 regarding consideration of a
resolution authorizing a Cooperative Construction Agreement #82204 which allows
MnDOT to reimburse the City of Richfield for its Transportation Revolving Loan Funds,
provides $147,000 in trunk highway money, and provides construction engineering
services for construction of the Penn Avenue bridge over I-494 project.
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. 9075
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT)
AGENCY AGREEMENT NO. 82204
FOR THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE
CITY OF RICHFIELD FOR ITS TRANSPORTATION REVOLVING LOAN FUNDS IN
CONNECTION WITH THE PENN BRIDGE OVER I-494 PROJECT
CITY PROJECT NO. 401-30-521
S.P. 2785-328, 2785-329, S.A.P. 27-632-22 AND S.A.P. 157-020-20
FED. PROJ. NO. HPP MN 10 (102)
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9075 in Resolution Book No. 73.
Item #12CONSIDERATION OF TRANSPORTATION REVOLVING LOAN FUND
LOAN AGREEMENT BETWEEN MINNESOTA PUBLIC FACILITIES
AUTHORITY AND CITY OF RICHFIELD FOR PARTIAL FINANCING OF
PENN AVENUE BRIDGE PROJECT AND ADOPTION OF GENERAL
OBLIGATION BOND RESOLUTION S. R. NO. 236
City Manager Orduno reviewed Staff Report No. 236 regarding the consideration of
a Transportation Revolving Loan Fund Loan Agreement between Minnesota Public
Facilities Authority and the City of Richfield for partial financing of the Penn Avenue bridge
project and adoption of the General Obligation Bond Resolution.
Council Meeting Minutes-16-September 10, 2001
City Manager Orduno said the interest rate on the loan changed to 2% with the last
payment made on February 20, 2007.
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. 9076
RESOLUTION ACCEPTING THE OFFER OF
THE MINNESOTA PUBLIC FACILITIES AUTHORITY TO PURCHASE
A $6,700,000 GENERAL OBLIGATION
IMPROVEMENT NOTE OF 2001
PROVIDING FOR ITS ISSUANCE, AND AUTHORIZING
EXECUTION OF A PROJECT LOAN AGREEMENT
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9076 in Resolution Book No. 73.
Item #13CONSIDERATION OF 2001 REVISED/2002 PROPOSED BUDGET
RESOLUTIONS ADOPTING PROPOSED BUDGET AND ESTABLISHING
2002 PRELIMINARY TAX LEVY, AUTHORIZING BUDGET REVISIONS,
AUTHORIZING REVISION OF 2001 BUDGET OF VARIOUS
DEPARTMENTS AND AUTHORIZING USE OF PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND
INTEREST EARNINGS FOR POLICE AND FIRE EXPENDITURES S. R.
NO. 237
City Manager Orduno reviewed Staff Report No. 237 regarding consideration of the
2001 Revised/2002 Proposed Budget Resolutions adopting the Proposed Budget and
establishing a 2002 Preliminary Tax Levy, authorizing budget revisions, authorizing
revision of the 2001 Budget of Various Departments and authorizing the use of Public
Employees Retirement Association Police and Fire Fund refund interest earnings for
Police and Fire expenditures.
City Manager Orduno said a Truth-in-Taxation meeting is not required this year, but
a public hearing will be held as required by the City Charter.
Mayor Kirsch said that when the preliminary levy is set, it could be decreased, but
not increased.
Council Member Enger said he had no problem with replacing the money the State
is taking away, but is most concerned with holding down the City’s portion. He said he
would like to try to hold the preliminary tax levy to 3%, aside from the lost HACA and LGA.
City Manager Orduno said there was an effort made to hold the budget to 3%.
Council Meeting Minutes-17-September 10, 2001
Council Member Sandahl said that one of her primary concerns was to ensure that
the City’s General Fund fund balance be up to a level which would not jeopardize the
City’s bond rating. She added that she is less concerned about the levy percent as much
as maintaining the bond rating and the quality and level of services.
Mayor Kirsch said the final levy is not set tonight.
M/Ulrich, S/Sandahl that the following resolutions be adopted, that they be spread in
the resolution book and that they be made part of these minutes:
RESOLUTION NO. 9077
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2002
RESOLUTION NO. 9090
RESOLUTION AUTHORIZING BUDGET REVISIONS
RESOLUTION NO. 9091
RESOLUTION AUTHORIZING REVISION OF 2001 BUDGET OF VARIOUS
DEPARTMENTS
RESOLUTION NO. 9092
RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT
ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR
CERTAIN POLICE AND FIRE EXPENDITURES
Motion carried 5-0. These resolutions appear as Resolution No.’s 9077, 9090, 9091
and 9092 in Resolution Book No. 73.
Council Member Enger requested an amendment to the motion to include a detailed
analysis of all monies above 3%, aside from the loss of HACA and LGA.
The amended motion was accepted.
Motion carried 5-0 with the stipulation to add an amendment to include a detailed
analysis of all monies above 3%, aside from the loss of HACA and LGA.
M/Kirsch, S/Sandahl to conduct a Special City Council meeting on October 17, 2001
at 5:30 p.m. to discuss the budget.
Motion carried 5-0.
Item #14ACONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND
AWARD OF CONTRACT TO CARL BOLANDER & SONS CO. FOR
DEMOLITION AND SITE CLEARING OF PROPERTIES AT 7620 PENN
AVENUE, CENTURY COURT GYM, AND 7744 PENN AVENUE, CITGO
SERVICE STATION, IN AMOUNT OF $254,320 S. R. NO. 225
Council Meeting Minutes-18-September 10, 2001
City Manager Orduno explained that the award is to be made contingent on the City
agreement with the owner of Century Court apartments upon Stipulation of Settlement in
condemnation proceedings.
M/Sandahl, S/Rosenberg to accept the bid minutes/tabulation and award a contract
for demolition and site clearing of properties at 7620 Penn Avenue South (Century Court
Gym) and 7744 Penn Avenue South (Citgo Service Station), City Project 401-30-521, to
Carl Bolander & Son Co. in the amount of $254,320 contingent on the City agreement with
the owner of Century Court apartments upon Stipulation of Settlement in condemnation
proceedings.
Motion carried 4-1. (Enger opposed.)
Item #14BCONSIDERATION OF APPROVAL OF AGREEMENT IDENTIFYING
USES FOR TAX INCREMENT FINANCING IN INTERCHANGE WEST
AREA S.R. NO. 223
Council Member Enger said that a number of tax increment financing uses are paid
before any funds go to Best Buy.
City Attorney Dean said that was correct and identified the uses which are eligible.
Larry Wozniczka, 6744 Wentworth Avenue, asked if fiscal disparities are paid
before funds go to Best Buy.
City Attorney Dean answered yes; the disparities come out before the funds go to
tax increment financing.
Council Member Enger asked for clarification of the tax increment financing district
and the project area.
City Attorney Dean explained that the district was identified by the City Council and
HRA a year ago. He said the project area included almost the entire City.
M/Sandahl, S/Ulrich to approve the Agreement identifying the uses for Tax
Increment Financing (TIF) in the Interchange West area.
Motion carried 4-1. (Enger opposed.)
Item #15CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
Council Meeting Minutes-19-September 10, 2001
RICHFIELD BANK & TRUST CO. 8-27-01
INT Checks:107274 - 107295$516,190.84
H/C109489 - 109815$863,670.52
PAYROLL26271 - 26531$530,694.40
TOTAL$1,910,555.76
RICHFIELD BANK & TRUST CO. 9-10-01
INT Checks:107296 - 107317$78,075.73
H/C109817 - 110094$589,718.44
PAYROLL25975 – 25982; 26533 - 26764$528,347.31
TOTAL$1,196,141.48
Motion carried 5-0.
CITY MANAGER’S REPORT
None.
OPEN FORUM
No one spoke.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:52 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager