04-12-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 12, 1999
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
MayorKirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Russ Susag;
and Kristal Stokes.
Staff Present :Steven Devich, Acting City Manager; Thomas Ferber, City Clerk;
Bruce Palmborg, Community Development Director; Dan Scott,
Public Safety Director; Mike Eastling, Public Works Director; William
Fillmore, Liquor Operations Director; and Corrine Thomson, City
Attorney.
Council Member Sandahl stated that her plane had arrived later than scheduled on
April 5, therefore, she had been unable to attend the Study Session meeting that night.
M/Susag, S/Rosenberg to determine the absence of Council Member Sandahl from
the April 5, 1999 City Council Study Session as an excused absence.
Motion carried 5-0.
APPROVAL OF MINUTES
Council Meeting Minutes-2-April 12, 1999
M/Stokes, S/Susag to approve the following minutes:
Regular City Council Meeting of March 22, 1999
Regular City Council Study Session of April 5, 1999
Motion carried 5-0.
Item #1PRESENTATION OF BUILDING WITH VISION AWARD TO RICHFIELD
TRANSMISSION FROM RICHFIELD PLANNING COMMISSION.
David Gepner, 7503 18th Avenue, Planning Commission member, discussed the
initiationof the Building with Vision Award by the Planning Commission in recognition of
the vision for the redevelopment of the Lyndale Gateway area. He presented the Building
with Vision award to Steve Jensen of Richfield Transmission Center in recognition of their
building at 7444 Lyndale Avenue.
Item #2PRESENTATION FROM CYNTHIA MANDL, FRIENDSHIP CITY
COMMISSION AMBASSADOR, REGARDING RECENT TRIP TO HEREDIA,
COSTA RICA.
Cynthia Mandl, 6529 Logan Avenue, Friendship City Commission Ambassador,
reported on the recent Friendship City tour to Heredia, Costa Rica.
Mayor Kirsch presented certificates of appreciation to the following participants in
the tour acknowledging their efforts in solidifying the bonds of friendship between Heredia
and Richfield:
JoAnn BoraasDorothy BjurmanSue Goodspeed
Floyd HagenJacquie HagenVirginia Johnson
Chad LeversonCherill LindquistRichard Lindquist
Cynthy MandlMarjorie StoddardPat Sutter
Steve Sutter
Item #3OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the City Council.
Council Meeting Minutes-3-April 12, 1999
Item #4 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
Council Member Sandahl requested that consent calendar Item 5A. be removed
from the consent calendar for consideration.
Mayor Kirsch stated that consent calendar Item 5A. would be placed on the regular
agenda for consideration as Item 13A.
A.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 13A.
B.APPROVED TRANSITIONAL USE PERMIT AT 200 WEST 78TH STREET TO
ALLOW CONTINUED USE OF PROPERTY AS SELF-STORAGE FACILITY.
C.L. 73
C.APPROVED RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
HENNEPIN COUNTY FOR CONSTRUCTION OF TRAFFIC SIGNAL AT 64TH
STREET AND PORTLAND AVENUE C.L. 74
RESOLUTION NO. 8692
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN
COUNTY ROADWAY MAINTENANCE AGREEMENT NO. PW 18-19-99
This resolution appears as Resolution No. 8692 in Resolution Book No. 69.
D.APPROVAL RESOLUTION REQUESTING VARIANCE TO RULES OF
MUNICIPAL STATE AID DIVISION OF MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC CONTROL SIGNALS AT 64TH STREET AND
PORTLAND AVENUE C.L. 75
RESOLUTION NO. 8693
RESOLUTION AUTHORIZING REQUEST FOR VARIANCE TO THE RULES
OF THE MUNICIPAL STATE AID DIVISION
OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION
This resolution appears as Resolution No. 8693 in Resolution Book No. 69.
Council Meeting Minutes-4-April 12, 1999
E.APPROVED AWARD OF CONTRACT TO RYAN'S TREE SERVICE, INC. FOR
1999 REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY FOR
ESTIMATED TOTAL OF $53,775 C.L. 76
F.APPROVED ISSUANCE OF NEW ON-SALE 3.2 PERCENT LIQUOR LICENSE
FOR VISION RESTAURANTS LLC, DBA GODFATHER'S PIZZA, 2 WEST 66TH
STREET C.L. 77
M/Stokes, S/Susag to approve the consent calendar.
Motion carried 5-0.
Item #6PUBLIC HEARING REGARDING REQUEST FOR RENEWAL OF
TEMPORARY CONDITIONAL USE PERMIT TO ALLOW USE OF 6529
PENN AVENUE AS AUTO DEALERSHIP. C. L. NO. 78
Acting City Manager Devich reviewed Council Letter No. 78 regarding a request for
renewal of a temporary conditional use permit (CUP) to allow the continued use of 6529
Penn Avenue as a used car lot.
Ray Tharp, 3732 Lyndale Avenue, owner of the property at 6529 Penn Avenue,
spoke in support of renewal of the temporary conditional use permit stating that Walser
was a good tenant.
Council Member Rosenberg asked Mr. Tharp if he was aware of the planning study
of the area currently being conducted by Ryan Companies.
Mr. Tharp indicated he had not talked with Ryan Companies.
The Council requested Community Development Director Palmborg to speak with
Mr. Tharp regarding the status of the study.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Rosenberg to approve a temporary conditional use permit for 6529
Penn Avenue for one year from the date of approval to allow use of the property as an
auto dealership with the following stipulations:
1.That a 22-foot minimum drive aisle be maintained in the parking area.
2.That landscaping in the front of the property be maintained in compliance with
the approved landscape plan and in compliance with existing Penn Avenue and
Sixty-Sixth Street (PASSS) design guidelines.
Council Meeting Minutes-5-April 12, 1999
3.That a maximum of 30 cars be on the site at any one time.
4.That the alley located to the south of the property be maintained free of vehicles.
Motion carried 5-0.
Item #7FIRST READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF
CITY INTEREST IN PROPERTY LOCATED AT 7545 PENN AVENUE TO
HRA TO COMPLETE APARTMENT REMODELING PROGRAM INITIATIVE
.
C.L. NO. 79
Acting City Manager Devich reviewed Council Letter No. 79 regarding a proposed
transitory ordinance to authorize the sale of City interest in property located at 7545 Penn
Avenue.
M/Susag, S/Rosenberg to authorize staff to complete the acquisition of the
Hennepin County interest in the remnant parcel at 7545 Penn Avenue; and, that this
constitute the First Reading of this transitory ordinance; and that the Public Hearing and
Second Reading of the ordinance be scheduled for the May 10, 1999 City Council
meeting.
Motion carried 5-0.
Item #8CONSIDERATION OF RESOLUTION APPROVING LABOR AGREEMENT
BETWEEN CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR
SERVICES, LOCAL 123 BARGAINING UNIT, FOR 1999 AND 2000.
C.L. NO. 80
Acting City Manager Devich reviewed Council Letter No. 80 regarding a resolution
to approve the proposed labor agreement between the City and Law Enforcement Labor
Services (LELS) Local 123 bargaining unit for the years 1999 and 2000.
M/Stokes, S/Susag 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. 8694
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123
BARGAINING UNIT FOR THE YEARS 1999 AND 2000
Council Meeting Minutes-6-April 12, 1999
Motion carried 5-0. This resolution appears as Resolution No. 8694 in Resolution
Book No. 69.
Item #9CONSIDERATION OF RESOLUTION AWARDING SALE OF $1,660,000
GROSS REVENUE ICE ARENA BONDS, SERIES 1999; FIXING FORM AND
SPECIFICATIONS; DIRECTING EXECUTION AND DELIVERY; AND
PROVIDING FOR PAYMENT. C. L. NO. 81
Acting City Manager Devich reviewed Council Letter No. 81 regarding the award of
the sale of $1,660,000 Gross Revenue Bonds Series 1999; fixing their form and
specifications; directing their execution delivery; and providing for their payment.
Sid Inman, Vice President of Ehlers and Associates, presented the bid tabulation
and debt service schedule for the sale of the bonds. He recommended awarding the sale
to low bidder Cronin & Company, Inc./John G. Kinnard & Company at a true interest rate of
5.2638%.
M/Susag, S/Stokes 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. 8695
RESOLUTION AWARDING THE SALE OF $1,660,000
GROSS REVENUE ICE ARENA BONDS, SERIES 1999;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
Motion carried 5-0. This resolution appears as Resolution No. 8695 in Resolution
Book No. 69.
Item #10RECEIVE STATUS REPORT CONCERNING URBAN VILLAGE
DEVELOPMENT AND AUTHORIZE COMMERCIAL PORTIONS OF
DEVELOPMENT TO PROCEED AND BUILDING PERMITS TO BE ISSUED.
C.L. NO. 82
Acting City Manager Devich reviewed Council Letter No. 82 regarding the status of
the Urban Village Development.
Jan Susee, Richfield State Agency (RSA), reviewed a model of the Urban Village
Development, reported on acquisition and leasing activities, and project elements.
Council Meeting Minutes-7-April 12, 1999
Council Member Stokes asked if RSA would have the project model on display for
the public to view.
Mr. Susee stated the model would be on display at the bank.
M/Stokes, S/Susag to accept the status report from the developer and to authorize
that building permits may be issued for the parking ramp and McDonald's portions of the
Urban Village Development, provided that all other code requirements are met.
Motion carried 5-0.
Item #11CONSIDERATION OF LEASE AGREEMENT WITH INDEPENDENT
SCHOOL DISTRICT NO. 280 REGARDING BALLFIELD REPLACEMENT.
C. L. NO. 83
Acting City Manager Devich reviewed Council Letter No. 83 regarding the status of
negotiations for an agreement with Independent School District No. 280 related to the
construction of replacement ballfields at Richfield Junior High and Richfield Intermediate
School.
City Attorney Thomson stated that at a meeting earlier in the day, the lease concept
had been dropped and instead a 15-year easement and a shared use agreement had
been drafted which embodies the terms that would have been in lease. She reviewed the
basic terms of the agreement including termination terms, and amortization of a payback of
the grant if the agreement is terminated for public school uses. She stated these terms are
acceptable to the State.
Jim Prosser, Ehlers and Associates, answered questions regarding the negotiated
agreement and its terms.
Council Member Sandahl requested that a letter be sent to Senator Dave Johnson
thanking him for his help in achieving the agreement acceptable to the State on this issue.
M/Sandahl, S/Stokes to authorize the Mayor and Acting City Manager to execute
the necessary documents with Independent School District No. 280 regarding an
easement and shared use agreement to obtain state funding for the replacement of
ballfields displaced by the Metropolitan Airports Commission at Richfield Junior High and
Richfield Intermediate School.
Motion carried 5-0.
Item #12CONSIDERATION OF APPROVAL OF CONTRACT WITH PAR GROUP FOR
EXECUTIVE SEARCH SERVICES. C. L. NO. 84
Council Meeting Minutes-8-April 12, 1999
Acting City Manager Devich reviewed Council Letter No. 84 regarding the proposed
contract with the PAR Group for executive search services for the recruitment of a City
Manager.
M/Susag, S/Rosenberg to authorize the Acting City Manager to execute a contract
for executive search services with the Par Group in an amount not to exceed $13,500 plus
reimbursable expenses for the City Manager search and selection process.
Motion carried 5-0.
Item #13CONSIDERATION OF RELEASE OF ATTORNEY/CLIENT PRIVILEGE TAPE
RECORDING. C.L. NO. 85
Acting City Manager Devich reviewed Council Letter No. 85 regarding City Council
consideration of release of an attorney-client privilege tape recording. He stated that at the
Council meeting of March 22, 1999 a motion was made to voluntarily release the Closed
Executive Session meeting tape of December 16, 1998. The motion was tabled pending
receiving written direction regarding this voluntary disclosure from Charles Dayton, the
attorney who worked most closely with the City on the airport matter and who was the legal
counsel present at the closed meeting at issue. Mr. Dayton responded to the City Council
citing a number of reasons why he would recommend not voluntarily waiving the attorney-
client privilege and releasing the tape.
Council Member Susag stated that he had made the motion at the March 22, 1999
meeting to voluntarily waive the attorney/client privilege and release the tape. He stated
that after reviewing Mr. Dayton's reasons for recommending not waiving the attorney-client
privilege, he would now withdraw the motion to waive the attorney-client privilege to
release the tape.
City Attorney Thomson stated no further action was required.
Item #13ACONSIDERATION OF APPROVAL OF OFF-STREET PARKING PERMIT
FOR 6333 CEDAR AVENUE TO ALLOW BUILDING ADDITION.
C. L. NO. 72
Acting City Manager Devich reviewed Council Letter No. 72 regarding the request
from Tom Larson for approval of an off-street parking permit for 6333 Cedar Avenue to
allow a 3,900 square foot building addition.
Council Member Sandahl stated concern that the back of the building be finished
with materials that gives a good image for the business and the community.
Council Meeting Minutes-9-April 12, 1999
Mayor Kirsch asked about the impact of the potential exit ramp relocation on this
property.
Public Works Director Eastling stated it would be very close to this property.
Tom Larson, owner of 6333 Cedar Avenue, indicated his intentions that the building
has a good appearance and that a couple of rows of decorative block will be used on the
back of the building.
M/Stokes, S/Sandahl to approve an off-street parking permit for 6333 Cedar Avenue
to allow construction of a 3,900 square foot building addition.
Motion carried 5-0.
Item #14AIRPORT STATUS REPORT
Jim Prosser, Ehlers and Associates, gave a status report on the following airport
related issues:
Meeting with Senator Dave Johnson regarding the status on legislation for
funding of airport mitigation.
Legislation for the reimbursement to the School District for the loss of funding
due to student population deadline related to airport mitigation.
Federal level funding issues related to allowing the use of MAC funds and
federal aid.
Larry Wozniczka, 6744 Wentworth Avenue, questioned the professional
engagement of Mr. Prosser.
Acting City Manager Devich stated Mr. Prosser is an employee of Ehlers &
Associates, which is hired to work as a consultant on behalf of the City for various issues.
Mr. Wozniczka questioned whether this was a conflict of interest regarding whether
the City Council engaged Mr. Prosser before his resignation.
Council Member Susag stated that the City Council asked that Mr. Prosser continue
to give guidance to the City on issues such as the airport and this has been done at the
direction of the City Council.
Mr. Wozniczka requested information on the costs of Mr. Prosser's services and
where they fall in the budget.
Acting City Manger Devich reminded the City Council and public about the April 13
workshop on low frequency noise.
Council Meeting Minutes-10-April 12, 1999
Item #15LEGISLATIVE REPORT
Acting City Manager Devich discussed the status of legislation related to police/fire
consolidation pension funds.
Item #16COUNCIL DISCUSSION ITEMS
Council Member Rosenberg stated that although she agrees with the principal of
the attorney-client privilege, she is opposed to not releasing the tapes of the December 16,
1998 Closed Executive Session Council meeting because of her belief in the public's right
to know.
Council Member Susag requested a future Study Session agenda item on City
Council conduct related to City Council Closed Executive Sessions and confidential
material.
Council Member Susag invited the public to purchase tickets and attend the annual
Friends of Wood Lake (FOWL) dinner event on April 23.
Mayor Kirsch asked new Richfield Sun-Current editor Doug Terfehr to introduce
himself to the public.
Mr. Terfehr stated that Mike Westholder had been promoted to Managing Editor of
the Richfield, Bloomington, and Edina newspapers.
Item #17CLAIMS AND PAYROLL
M/Rosenberg, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 78766 - 78811$93,526.16
H/C: 85830 - 86295$872,832.93
Payroll: 12195-12392$423,938.61
Motion carried 5-0.
Council Meeting Minutes-11-April 12, 1999
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:27 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberSteven L. Devich
City ClerkActing City Manager