11-13-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 13, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:01 p.m.
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; Mike Eastling, Public Works Director; Bruce
Palmborg, Community Development Director; Dan Scott, Public
Safety Director; Kathy Farris, Human Services Planner/Coordinator;
Cheryl Krumholz, Recording Secretary; and John LeFevre, City
Attorney.
OPEN FORUM
No one had registered to speak. Mayor Kirsch proceeded immediately on with the
City Council meeting.
ROLL CALL
Roll Call was taken at the Open Forum.
Council Meeting Minutes-2-November 13, 2001
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 October 13, 2001; (2) Special City Council Worksession of October 17, 2001;
(3) Special City Council Meeting of October 20, 2001; (4) Special City Council
Worksession of October 22, 2001; (5) Special City Council Meeting of October 22, 2001;
(6) Regular City Council Meeting of October 22, 2001; (7) Special City Council Closed
Executive Session of October 22, 2001; (8) Special City Council Meeting of October 23,
2001; (9) Special City Council Meeting of October 24, 2001; (10) Special City Council
Meeting of October 24, 2001; (11) Special City Council Meeting of October 30, 2001; (12)
Special City Council Meeting of November 1, 2001.
Motion carried 5-0.
Item #1PRESENTATION OF PROCLAMATION DESIGNATING AMERICAN
EDUCATION WEEK, NOVEMBER 11-17, 2001
Council Member Enger presented a proclamation designating American Education
Week, November 11-17, 2001 to the American Legion.The proclamation was accepted by
Donald Sutherton, Commander, Richfield American Legion Post #435; Robert Silvagni,
Commander, 5th District American Legion; and Joseph Bayer, 3rd Vice Commander, 5th
District American Legion.
The American Legion thanked the City Council for their support.
Item #2ANNUAL MEETING WITH THE RICHFIELD CHARTER COMMISSION
Paul Muilenberg, Charter Commission President, reported on the Charter
Commission’s activities during the past year. He said the commission is currently
considering the two Charter amendments as requested by the City Council – City’s audit
timeline and an administrative penalty related to enforcement of City ordinances.
Council Member Ulrich said that the Mayor requested she serve as an informal liaison
to the commission.
Council Meeting Minutes-3-November 13, 2001
The City Council thanked the Charter Commission for their work.
COUNCIL DISCUSSION
City Manager Orduno said the National League of Cities Conference in Atlanta,
Georgia, December 5 – 9, will be posted as a Special City Council meeting because all
City Council Members will be attending.
Council Member Rosenberg asked about the legal requirements to post all
meetings if a City Council quorum may be present.
City Manager Orduno explained the open meeting law requirements. She said a
recent Worksession discussion resulted in the posting of community meetings when three
City Council Members may be present.
Council Member Rosenberg said she would like some leniency in the City Council
attending meetings as it relates to the posting of meetings.
Council Member Sandahl announced the I-35W/Crosstown meeting on November
14, and the League of Women Voters meeting on November 24.
Council Member Sandahl reported to the City Council a disclosure statement
regarding her and her husband’s participation in the Transformation Home Loans Program
which is administered by the HRA.
Mayor Kirsch reported that in light of the Appellant Court’s decision today regarding
the Best Buy project, he suggested a Concurrent Closed Executive Session of the City
Council and HRA, because there had been no opportunity to review the decision in detail.
M/Kirsch, S/Sandahl to hold a Concurrent Closed Executive Session with the City
Council and Housing and Redevelopment Authority on Monday, November 19 at 6:00 p.m.
to discuss litigation regarding the Best Buy project.
Motion carried 5-0.
Item #3COUNCIL APPROVAL OF AGENDA
Mayor Kirsch removed Consent Calendar Item 4E and placed it on the regular
agenda as Item 5A.
Council Member Enger asked to remove Items 4C and 4J and place them on the
regular agenda.
Council Meeting Minutes-4-November 13, 2001
Mayor Kirsch removed Consent Calendar Item 4C and placed it on the regular
agenda as Item 5B. He removed Consent Calendar Item 4J and also placed it on the
regular agenda as Item 5C.
M/Rosenberg, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #4CONSENT CALENDAR
A.Approved resolution designating City’s 2002 contribution toward health, term life and
dental insurance premiums for General Services and Management employees S.R.
No. 272
RESOLUTION NO. 9106
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUMS FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
This resolution appears as Resolution No. 9106 in Resolution Book No. 73.
B.Approved first reading of proposed ordinance amendment to City Administrative
Code Chapter III, Subsection 310.37 describing personal leave and scheduling
second reading for December 10, 2001 S.R. No. 273
C.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 5B.
D.Approved resolution approving subdivision waiver for 326 Apple Lane S.R. No. 275
RESOLUTION NO. 9107
RESOLUTION AUTHORIZINGA LOT SUBDIVISION
AND COMBINATION, AND WAIVING THE REQUIREMENT OF A FORMAL PLAT
326 APPLE LANE
This resolution appears as Resolution No. 9107 in Resolution Book No. 73.
E.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 5A.
F.Approved purchase and installation of new boiler for City Hall from Midland Heating
and Air Conditioning Co. in amount of $26,870 S.R. No. 277
Council Meeting Minutes-5-November 13, 2001
G.Approved agreement with AMI Imaging Systems, Inc. to provide scanning services to
Inspection Division to facilitate copying of City property files in estimated amount of
$27,392 S.R. No. 278
H.Approved setting December 10, 2001 public hearing regarding issuance of new on-
sale intoxicating and Sunday liquor licenses for The Frenchman’s, 1400 East 66th
Street S.R. No. 279
I.Approved setting December 10, 2001 public hearing regarding 2002 renewal of on-
sale wine and on-sale 3.2 percent malt liquor licenses for Red Pepper Chinese
Restaurant, Ketsana’s Thai Restaurant and Thompson’s Fireside Pizza S.R. No. 280
J.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 5C.
K.Approved setting December 10, 2001 public hearing regarding 2002 renewal of
pawnbroker and secondhand goods dealer licenses for Metro Pawn and Gun, Inc.
and Capital Cash, LLC, d/b/a Hy’s Pawn S.R. No. 282
L.Approved new residential kennel license for 6430 Logan Avenue; four cats S.R. No.
283
M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #5PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO RICHFIELD CITY ZONING CODE SECTION 536.17,
SUBDIVISION 3; SECTION 536.19, SUBDIVISION 1; AND SECTION 546.07,
SUBSECTION 4 TO CONFORM WITH NEWLY ADOPTED MINNESOTA
STATUTE 462.357 S.R. NO. 284
City Manager Orduno reviewed Staff Report No. 284 regarding a public hearing and
second reading of an ordinance amendment to Richfield City Zoning Code Section 536.17,
Subdivision 3, Section 536.19, Subdivision 1 and Section 546.07, Subsection 4 to conform
with newly adopted Minnesota Statute 462.357.
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. 2001-17
approving an ordinance amendment to Richfield City Zoning Code Section 536.17,
Subdivision 3; Section 536.19, Subdivision 1; and Section 546.07, Subdivision 4 to
conform with newly adopted Minnesota Statute 462.357, that it be published in the official
newspaper and that it be made part of these minutes.
Council Meeting Minutes-6-November 13, 2001
Motion carried 5-0.
Item #5ACONSIDERATION OF APPROVAL OF RESOLUTION GRANTING NEW
LAWFUL GAMBLING LICENSE, WITH FEE WAIVER, FOR
MINNEAPOLIS-RICHFIELD AMERICAN LEGION UNIT #435 AUXILIARY,
6501 PORTLAND AVENUE S.R. NO. 276
Council Member Sandahl stated that at the Worksession tonight, the City Council
reviewed the organizations that receive fee waivers and discussed discontinuing the
waivers effective January 1, 2002. The current fee waivers total approximately $18,375
annually. The City continues to pay for inspections which result in a cost to taxpayers
when the fee is waived. She said the discontinuance of fee waivers is an attempt for the
City to keep costs down which keeps taxes down.
M/Sandahl, 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 and direct City staff to notify
future applicants that beginning January 1, 2002, the City’s practice of granting fee waivers
will be discontinued and fees will be required to be paid:
RESOLUTION NO. 9108
A RESOLUTION GRANTING APPROVAL FOR THE MPLS-RICHFIELD AMERICAN
LEGION UNIT #435 AUXILIARY TO CONDUCT LAWFUL GAMBLING
REPLACING RESOLUTION NO. 9102
Council Member Ulrich said this change in practice is the City’s attempt at keeping
budget costs down.
Motion carried 5-0. This resolution appears as Resolution No. 9108 in Resolution
Book No. 73.
Item #5BCONSIDERATION OF APPROVAL OF FIRST READING OF AMENDMENT
TO SECTION 805 OF RICHFIELD CITY CODE FOR BUS BENCHES AND
SHELTERS AND SETTING PUBLIC HEARING AND SECOND READING
FOR DECEMBER 10, 2001 S.R. NO. 274
Council Member Enger requested this item be removed from the Consent Calendar
and deferred to a future Worksession because he has additional questions on this issue
and there needs to be more discussion with the parties involved and staff.
Council Meeting Minutes-7-November 13, 2001
M/Enger, S/Ulrich to remove consideration of approval of a first reading of an
amendment to Section 805 of the Richfield City Code for bus benches and shelters and
the setting of a public hearing and second reading for December 10, 2001, and schedule
additional discussion at a future City Council Worksession.
Council Member Rosenberg said she did not support deferring action on this issue.
She said this matter has been discussed for one year and has been reviewed by the
Community Services Commission.
Council Member Sandahl asked about the general areas to be reconsidered.
Council Member Enger said the areas included shelter design concepts, proposed
locations, permit timeframe and advertising on shelters.
Council Member Ulrich said her concern was related to advertising and she’s not
convinced shelters are needed, because buses stay on time.
Motion carried 4-1. (Rosenberg opposed.)
Item #5CCONSIDERATION OF APPROVAL OF SETTING DECEMBER 10, 2001
PUBLIC HEARING REGARDING 2002 RENEWAL OF ON-SALE
INTOXICATING AND SUNDAY LIQUOR LICENSES FOR CHI CHI’S
MEXICAN RESTAURANTE; THE GROUND ROUND; 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; CHAMPP’S OPERATING
CORPORATION, D/B/A CHAMPPS SPORTS CAFÉ; AND WILTSHIRE
RESTAURANTS, LLC, D/B/A HOULIHAN’S RESTAURANT & BAR S.R.
NO. 281
Council Member Enger asked about the type of liquor license the American Legion
and VFW hold and the difference between a Club license and a regular on-sale liquor
license.
Public Safety Director Scott said the American Legion and VFW hold a Club liquor
license which is for serving members only. He said the licenses are identified by State
Statute.
Council Member Enger asked about the violation if the Statute guidelines are not
followed for a Club liquor license.
Public Safety Director Scott said the establishment may lose their Club liquor
license.
Council Meeting Minutes-8-November 13, 2001
M/Enger, S/Rosenberg to approve a public hearing to be held December 10, 2001,
for the renewal of on-sale intoxicating and Sunday liquor licenses for 2002 for: Chi Chi’s
Mexican Restaurant; The Ground Round; 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, d/b/a Champps Sports Café; and Wiltshire Restaurants, LLC d/b/a
Houlihan’s Restaurant & Bar.
Motion carried 5-0.
Item #6CONSIDERATION OF RESOLUTION AUTHORIZING CONTINUATION OF
AGREEMENTS WITH HENNEPIN COUNTY AND RICHFIELD
COMMUNITY COUNCIL AND RESOLUTION AUTHORIZING
PARTNERSHIP AGREEMENT WITH HENNEPIN SOUTH SERVICES
COLLABORATIVE S.R. NO. 285
City Manager Orduno reviewed Staff Report No. 285 regarding consideration of a
resolution authorizing continuation of agreements with Hennepin County and Richfield
Community Council and a resolution authorizing partnership agreement with Hennepin
South Services Collaborative.
The City Council complimented Kathy Farris, Human Services Planner/Coordinator,
for her work with human services efforts.
M/Ulrich, S/Rosenberg 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. 9109
A RESOLUTION AUTHORIZING CONTINUATION OF AGREEMENTS
WITH HENNEPIN COUNTY AND THE RICHFIELD COMMUNITY COUNCIL
RESOLUTION NO. 9110
A RESOLUTION AUTHORIZING ENTERING INTO
A PARTNERSHIP AGREEMENT
WITH HENNEPIN SOUTH SERVICES COLLABORATIVE
Motion carried 5-0. These resolutions appear as Resolution No.’s 9109 and 9110 in
Resolution Book No. 73.
Council Meeting Minutes-9-November 13, 2001
Item #7CONSIDERATION OF NEW RESIDENTIAL KENNEL LICENSE FOR 6834
KNOX AVENUE; FOUR DOGS S.R. NO. 286
City Manager Orduno reviewed Staff Report No. 286 regarding consideration of a
new residential kennel license for 6834 Knox Avenue for four dogs.
Cheryl Scamp, 6834 Knox Avenue, applicant, explained how she manages her
dogs.
Steve Thompson, 6830 Knox Avenue, neighbor of the applicant, spoke in support of
the license stating there were no problems with the dogs.
Council Member Rosenberg asked why this license was not on the Consent
Calendar like other kennel licenses when the contiguous property owners’ signatures have
been obtained.
Public Safety Director Scott said it is a practice to bring licenses before the City
Council when there is any opposition and there were three opposing telephone calls.
M/Rosenberg, S/Sandahl to approve the request for a new residential kennel
license for Cheryl Scamp, 6834 Knox Avenue South.
Motion carried 5-0.
Item #8CONSIDERATION OF POLICY POSITION REGARDING CROSSTOWN
DESIGN
City Manager Orduno stated a City Council Worksession had been held earlier
tonight to discuss the City’s policy position regarding the Crosstown design. She said the
City Council may want to now take formal action on Richfield’s conditions on the
Crosstown design.
Council Member Sandahl read the following conditions to be placed on any City
approval of a revised Crosstown layout:
1.Closures of portions of the Crosstown during construction should be eliminated
to the greatest extent possible.
2.A noise wall should be added to the Crosstown between Penn Avenue and I-
35W.
3.Access from Lyndale Avenue to northbound I-35W should be restored.
4.An additional eastbound lane between Penn Avenue and I-35W and two lanes
(in each direction) for the Crosstown through the Commons Section should be
constructed in order to keep regional trips off 66th Street.
Council Meeting Minutes-10-November 13, 2001
5.Any remnant land remaining after any takings should be made available to the
City for biking/hiking trails, parkland (in accordance with the City’s
Comprehensive Plan and community directives) and replacement housing.
6.Sufficient capacity should be built into I-35W north of the Commons to
accommodate the I-35W and Crosstown traffic.
7.Minimize the amount of additional right of way needed in Richfield to meet the
above conditions.
8.Addition of a noise wall between Xerxes and Penn Avenues on the south side of
Crosstown.
M/Sandahl, S/Rosenberg to formally approve Conditions 1-8 as Richfield’s policy
position regarding the Crosstown design:
1.Closures of portions of the Crosstown during construction should be eliminated
to the greatest extent possible.
2.A noise wall should be added to the Crosstown between Penn Avenue and I-
35W.
3.Access from Lyndale Avenue to northbound I-35W should be restored.
4.An additional eastbound lane between Penn Avenue and I-35W and two lanes
(in each direction) for the Crosstown through the Commons Section should be
constructed in order to keep regional trips off 66th Street.
5.Any remnant land remaining after any takings should be made available to the
City for biking/hiking trails, parkland (in accordance with the City’s
Comprehensive Plan and community directives) and replacement housing.
6.Sufficient capacity should be built into I-35W north of the Commons to
accommodate the I-35W and Crosstown traffic.
7.Minimize the amount of additional right of way needed in Richfield to meet the
above conditions.
8.Addition of a noise wall between Xerxes and Penn Avenues on the south side of
Crosstown.
Mayor Kirsch said Richfield should not give up any more housing. He said
Minneapolis needs to yield a little to make this project work well. He thanked Council
Member Sandahl for her efforts on this matter.
Motion carried 5-0.
CITY MANAGER’S REPORT
None.
Council Meeting Minutes-11-November 13, 2001
Item #9CLAIMS AND PAYROLL
M/Sandahl, S/Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks:110456 - 110504$514,982.83
H/C111462 - 111879$1,835,950.32
PAYROLL27631 - 27804$474,905.96
TOTAL$2,825,839.11
Motion carried 5-0.
Item #10ADJOURN TO SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION
IN EXECUTIVE CONFERENCE ROOM TO DISCUSS NEW FORD
TOWN/RICH ACRES PARK CONDEMNATION LITIGATION
Mayor Kirsch adjourned the meeting at 8:05 p.m. to continue with the Closed
Executive Session in the Executive Conference Room. The Mayor noted that the Council
would reconvene in the Council Chambers after the Closed Executive Session concluded.
Item #11RECONVENE REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting reconvened at 8:19 p.m.
Item #12REPORT REGARDING NEW FORD TOWN/RICH ACRES PARK
CONDEMNATION LITIGATION
M/Ulrich, S/Rosenberg to accept the terms of the settlement as provided in the City
Attorney’s letter dated November 13, 2001 (Clerk’s File No. C-380) and instruct the City
Attorney to prepare appropriate documents.
Motion carried 5-0.
Council Meeting Minutes-12-November 13, 2001
OPEN FORUM
None.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:20 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager