11-08-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 8, 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
Mayor Kirsch 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:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; 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.
APPROVAL OF MINUTES
M/Stokes, S/Susag to approve the minutes of the regular City Council Meeting of
October 25, 1999, the Special City Council Meeting of October 30, 1999 and the Study
Session of November 1, 1999.
Motion carried 5-0.
Council Meeting Minutes-2-November 8, 1999
Item #1PRESENTATION OF PLAQUE TO STEVEN L. DEVICH, ADMINISTRATIVE
SERVICES DIRECTOR, FOR HIS SERVICE AS ACTING CITY MANAGER,
MARCH-OCTOBER 1999
Mayor Kirsch read and presented a plaque to Steven L. Devich, Administrative
Services Director, in recognition of his service as Acting City Manager from March to
October 1999.
Item #2PRESENTATION OF MINNESOTA GOLF ASSOCIATION PLAQUE IN
HONOR OF RICH ACRES GOLF COURSE TO GOLF COURSE MANAGER
MIKE LANIGAN
Council Member Susag read and presented a plaque to Golf Course Manager Mike
Lanigan from the Minnesota Golf Association in recognition of the Rich Acres Golf
Course’s contribution as a golf recreational resource from 1980-1999.
Item #3OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Council Member Rosenberg thanked all the citizens who took the opportunity to
vote in the November 2 Special Election. She acknowledged the work and dedication of
the Community Center Task Force on the issue.
Dennis W. Manson, 6901 Park Avenue, stated disappointment with the results of
the Special Election stating it showed a need for better communications by the City. He
stated he wanted to see a group of citizens get together to work on improving
communications from the City.
Council Member Susag stated that the City had initiated a Citizens Feedback
Network (CFN) several years ago for that purpose. He suggested this issue could be sent
to them and other citizens also be invited to participate.
Larry Wozniczka, 6744 Wentworth Avenue, stated that the last issue of Your City
announced the Truth-in-Taxation (TNT) public hearing on December 6, but did not
announce the proposed increases for utility fees. He asked how the public would be
informed because this information is not in the TNT notices.
Council Member Susag stated that the budget documents are available at City Hall
and the Public Library. He also encouraged the public to call City Council Members or City
staff if they need information.
Council Meeting Minutes-3-November 8, 1999
Administrative Services Director Devich stated that the City also will be publishing a
public hearing notice for consideration of the proposed year 2000 utility rates which will be
considered on December 6.
Item #4COUNCIL APPROVAL OF AGENDA
Council Member Susag requested Consent Calendar Item #5C be removed from
the Consent Calendar for consideration.
Mayor Kirsch stated Consent Calendar Item #5C would be removed from the
Consent Calendar and placed on the regular agenda for consideration as Item #15A.
M/Susag, S/Stokes to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A.APPROVED RESOLUTION DESIGNATING CITY’S CONTRIBUTION TOWARD
HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUMS FOR GENERAL
SERVICES AND MANAGEMENT EMPLOYEES C.L. 250
RESOLUTION NO. 8794
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
This resolution appears as Resolution No. 8794 in Resolution Book No. 70.
B.APPROVED RESOLUTION DETERMINING RESULTS OF CITY GENERAL
ELECTION HELD ON TUESDAY, NOVEMBER 2, 1999 C.L. 251
RESOLUTION NO. 8795
RESOLUTION DETERMINING RESULTS OF SPECIAL ELECTION
OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 2, 1999
This resolution appears as Resolution No. 8795 in Resolution Book No. 70.
C.REMOVED FROM CONSENT CALENDAR FOR CONSIDERATION ON THE
REGULAR AGENDA AS ITEM #15A
Council Meeting Minutes-4-November 8, 1999
D.APPROVED CHANGE OF CITY OF RICHFIELD LIAISON APPOINTMENTS TO
METROPOLITAN AIRPORT SOUND ABATEMENT COUNCIL (MASAC) C.L. 253
E.APPROVED APPOINTMENTS TO THE 1-35W SOLUTIONS ALLIANCE C.L. 254
F.APPROVED MASTER PURCHASE ORDER FOR SALT TO BE USED FOR ICE
CONTROL DURING 1999/2000 WINTER SEASON C.L. 255
G.APPROVED A LEASE AGREEMENT WITH F&M BANK FOR AN AUTOMATED
TELLER MACHINE AT THE CEDAR AVENUE LIQUOR STORE C.L. 256
H.APPROVED ITINERANT PLACE OF AMUSEMENT AND ITINERANT FOOD
LICENSE WITH FEES WAIVED FOR CHURCH OF ST. RICHARD’S 1999 FALL
FESTIVAL ON NOVEMBER 20 AND 21, 1999 C.L. 257
I.APPROVED RENEWAL OF THE FOLLOWING CURRENCY EXCHANGE
LICENSES:
x
MONEY CENTERS, 6525 NICOLLET AVENUE C.L. 258
x
CURRENCY EXCHANGE, 7620 LYNDALE AVENUE C.L. 259
J.APPROVED SETTING DECEMBER 13, 1999 FOR PUBLIC HEARINGS FOR
RENEWAL OF ON-SALE LIQUOR AND SUNDAY LICENSES FOR 2000 C.L. 260
K.APPROVED SETTING DECEMBER 13, 1999 FOR PUBLIC HEARINGS FOR
RENEWAL OF WINE LICENSES FOR 2000 C.L. 261
L.APPROVED SETTING DECEMBER 13, 1999 FOR PUBLIC HEARINGS FOR
RENEWAL OF PAWNBROKER AND SECONDHAND GOOD DEALER LICENSES
FOR 2000 C.L. 262
M.APPROVED A NEW 1999 NEW AND USED MOTOR VEHICLE LICENSE FOR
MOTORWORKS, INC., 2000 WEST 78TH STREET C.L. 263
M/Sandahl, S/Rosenberg to approve the consent calendar.
Motion carried 5-0.
Item #6PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION
ESTABLISHING THE CITY OF RICHFIELD AS A HOST COMMUNITY FOR
THE ISSUANCE OF PRIVATE ACTIVITY BONDS FOR ST ANN’S
RESIDENTIAL SERVICES, INC. C.L. 264
City Manager Orduno reviewed C.L. No. 264 regarding a proposed resolution which
establishes Richfield as a host City in the issuance of health facilities revenue bond
obligations for St. Ann’s Residential Services, Inc. ratifies the notice of public hearing and
approves the joint powers agreement relationship with the other cities involved in this
transaction.
Patricia Moore, Executive Director of St. Ann’s Residential Services, Inc., described
the St. Ann’s programs and answered questions regarding the impact of the proposed
financing.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes-5-November 8, 1999
M/Susag, 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. 8796
RESOLUTION GIVING HOST APPROVAL TO THE
ISSUANCE OF HEALTH FACILITIES REVENUE OBLIGATIONS
FOR A PROJECT BY ST. ANN’S RESIDENTIAL SERVICES, INC.
LOCATED IN THE CITY OF RICHFIELD, MINNESOTA
UNDER MINNESOTA STATUTES, CHAPTER 469 AND
RATIFYING PREPARATION
AND PUBLICATION OF A NOTICE OF THE HEARING
Motion carried 5-0. This resolution appears as Resolution No. 8796 in Resolution
Book No. 70.
Item #7PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT
TO ALLOW THE ADDITION OF A GAS STATION/CONVENIENCE STORE
TO THE EXISTING SHOPPING CENTER AT 1208 EAST 66TH STREET C.L.
265
City Manager Orduno reviewed C.L. No. 265 stated that the applicant, Ogren
Properties, has requested that the public hearing be continued to the November 22, 1999
City Council Meeting.
M/Stokes, S/Rosenberg to continue consideration of the request from Ogren
Properties for a conditional use permit to allow the addition of a gas station/convenience
store to the existing shopping center at 1208 East 66th Street to the November 22, 1999
City Council Meeting.
Motion carried 5-0.
Item #8CONSIDERATION OF PUBLIC HEARING AND SECOND READING OF
THE TRANSITORY ORDINANCE FOR THE SALE OF PROPERTY AT 6812
QUEEN AVENUE TO THE HOUSING AND REDEVELOPMENT
AUTHORITY C.L. 266
City Manager Orduno reviewed C.L. No. 266 regarding a proposed transitory
ordinance which would authorize the sale of 6812 Queen Avenue to the HRA for the New
Home Program.
M/Susag, S/Rosenberg to close the public hearing.
Council Meeting Minutes-6-November 8, 1999
Motion carried 5-0.
M/Stokes, S/Sandahl that this constitutes Second Reading of Bill No. 1999-13
Transitory Ordinance No. 17.91 that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 5-0.
Item 9#PUBLIC HEARING ON A REQUEST FOR AN AMENDMENT TO THE
COMPREHENSIVE PLAN FOR PHASE III OF THE LYNDALE GATEWAY
PLANNED UNIT DEVELOPMENT PLAN C.L. 267
City Manager Orduno reviewed C.L. No. 267 regarding a proposed revision to the
Richfield Comprehensive Plan with respect to Phase III of the Lyndale Gateway planned
unit development plan to redesignate the area from “R” (single family residential) to “RMM”
(medium density residential) subject to approval by the Metropolitan Council.
Larry Woznicka, 6744 Wentworth Avenue, stated concerns the use of a PUD for this
project created concerns regarding setbacks and the height of the buildings impacting the
adjacent single family homes.
Ken Pilger, 7544 Garfield Avenue, stated concerns about the traffic impacts of the
project.
Public Works Director Eastling discussed traffic issues and solutions related to the
project impacts.
Ruth Larson, 7638 Harriet Avenue, stated that the development was too high a
density for the area and was an encroachment on the residents adjacent to it.
Council Member Susag requested information on the definitions regarding the low,
medium and high density residential designation.
Community Development Director Palmborg stated he would provide this
information to the City Council.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
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:
Council Meeting Minutes-7-November 8, 1999
RESOLUTION NO. 8797
RESOLUTION OF THE RICHFIELD CITY COUNCIL ADOPTING A REVISION TO THE
RICHFIELD COMPREHENSIVE PLAN, 1997-2007
Motion carried 5-0. This resolution appears as Resolution No. 8797 in Resolution
Book No. 70.
Item 10#PUBLIC HEARING ON A REQUEST FOR A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT FOR PHASE III OF THE LYNDALE
GATEWAY PLANNED UNIT DEVELOPMENT PLAN C.L. 268
City Manager Orduno reviewed C.L. No. 268 regarding a request from Ron Clark
construction for approval of a final development plan and conditional use permit for Phase
III of the Lyndale Gateway planned unit development plan consisting of 40 condominium
units on the half block east of Garfield Avenue, between 76th and 77th Street.
Heidi Kurtze, Ron Clark Construction, described the proposal elements indicating
they had worked with City staff to meet the goals of the City and with residents to address
their concerns.
Gary Tushie, Tushie Montgomery Architects, reviewed and answered questions
regarding the site plan for the project, design elements, landscaping, fencing, traffic
patterns and the change putting the two story units on the east end of the buildings.
Ruth Larson, 7638 Harriet Avenue, stated concerns about truck traffic, protection
from construction traffic, impacts on the neighborhood and that she felt the City Council
had their minds already made up on this issue.
City Manager Orduno stated that the City would try to protect the neighborhood
from the construction impacts and stated residents should call the City with their concerns.
Public Works Director Eastling discussed construction traffic and parking issues
including closing the loop street during construction.
Council Member Susag asked about the timetable for construction of the Lyndale
Gateway project elements.
Gary Tushie, Tushie Montgomery Architects, indicated that construction of the
senior housing/office portion would begin in January 2000, the townhomes in March 2000
and the west side of Lyndale in July 2000.
Heidi Kurtze, Ron Clark Construction, responded to questions regarding the
townhome units classification as condominiums, the square footage of units and the
purchase of the homes on Garfield Avenue.
Council Meeting Minutes-8-November 8, 1999
Dennis W. Manson, 6901 Park Avenue, discussed his concerns that the City
Council already had their minds made up on this issue.
Council Member Rosenberg stated that this issue had been before the City Council
on numerous occasions, so this was not the first time the Council had seen the project.
Nicholas Truedson, 7632 Harriet Avenue, stated the original intent of the townhome
project was to act as a buffer for the single family homes, but now it seems the back yards
of the single family homes are going to be the buffer with trees. He suggested the City
Council slow down and take a longer look at this project.
Council Member Stokes discussed how the Planning Commission seven years ago
had met with the residents on Garfield Avenue in their homes to discuss redevelopment on
Lyndale Avenue and what they wanted to happen.
Gary Tushie clarified height and design issues regarding the townhome units.
Council Member Rosenberg stated that the developer had responded to residents
concerns and that she understands the residents concerns about the changes to the area.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
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. 8798
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
76th Street and Garfield Avenue
Motion carried 5-0. This resolution appears as Resolution No. 8798 in Resolution
Book No. 70.
Item #11CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE OF
GENERAL OBLIGATION TAXABLE VARIABLE RATE DEMAND BONDS,
SERIES 1999 C.L. 269
City Manager Orduno reviewed C.L. No. 269 regarding a resolution authorizing the
issuance of General Obligation Taxable Variable Rate Demand Bonds, Series 1999.
Community Development Director Palmborg responded to a question from Council
Member Susag describing the process for interested persons to participate in the Richfield
Rediscovered Program.
Council Meeting Minutes-9-November 8, 1999
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. 8799
RESOLUTION AUTHORIZING THE ISSUANCE OF TAXABLE VARIABLE RATE
DEMAND GENERAL OBLIGATION BONDS (RICHFIELD REDISCOVERED PROJECT),
SERIES 1999; APPROVING DOCUMENTS TO BE EXECUTED AND DELIVERED IN
CONJUNCTION WITH THE ISSUANCE OF THE BONDS;
AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH DOCUMENTS
Motion carried 5-0. This resolution appears as Resolution No. 8799 in Resolution
Book No. 70.
Item #12CONSIDERATION OF RESOLUTION AUTHORIZING SUBMISSION OF
TWO APPLICATIONS FOR MUNICIPAL COOPERATIVE AGREEMENT
FUNDS C.L. 270
City Manager Orduno reviewed C.L. No. 270 regarding a proposal to submit two
applications for Municipal Cooperative Agreement and Access Management Program
funds from MnDOT for: (1) improvements on 66th Street at its intersection with 17th
Avenue, and (2) the installation of a 12 foot high wall along the south side of the 62
I-
Crosstown Highway from 35W to Penn Avenue.
Public Works Director Eastling reviewed and answered questions about the
proposed layout of the 66th Street/Highway 77 interchange and the proposed noise wall on
from I
the south side of 62 Crosstown Highway -35W to Penn Avenue.
M/Stokes, 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. 8800
RESOLUTION AUTHORIZING CITY STAFF TO SUBMIT TWO APPLICATIONS
FOR MUNICIPAL COOPERATIVE AGREEMENT AND ACCESS MANAGEMENT
PROGRAM FUNDS OFFERED BY THE MINNESOTA DEPARTMENT FOR
TRANSPORTATION (MNDOT)
Motion carried 5-0. This resolution appears as Resolution No. 8800 in Resolution
Book No. 70.
Council Meeting Minutes-10-November 8, 1999
Item #13CONSIDERATION OF RESOLUTION APPROVING THE PROPOSED
LAYOUT FOR THE TRUNK HIGHWAY 77 AND 66TH STREET
INTERCHANGE C.L. 271
City Manager Orduno reviewed C.L. No. 271 regarding consideration of the
proposed layout for the Trunk Highway 77 and 66th Street interchange that widens 66th
Street to eight lanes by adding a new bridge to the north of the existing bridge and
replacing the four ramps from 66th Street to Trunk Highway 77 and to direct City staff to
prepare an interim plan to address the effects of traffic diversion from Cedar Avenue onto
residential streets until redevelopment occurs.
Public Works Director Eastling reviewed and answered questions regarding the
proposed layout which is consistent with the Memorandum of Understanding approved by
the City Council in August.
Larry Wozniczka, 6744 Wentworth Avenue, stated concerns about approval of the
proposed layout without a public hearing.
City Attorney Thomson stated there is no specific requirement for a public hearing
for this action.
Public Works Director Eastling reviewed the public meetings and individual
meetings with property owners that had occurred regarding the proposed layout. He
stated the North-South Runway EIS had also identified this impact. He stated City staff
would be happy to accommodate Mr. Wozniczka’s request to hold a public hearing on the
issue. Discussion followed regarding when to schedule the public hearing.
M/Susag, S/Rosenberg to continue consideration of a resolution approving the
proposed layout for the Trunk Highway 77 and 66th Street interchange to the November
22, 1999 City Council Meeting and to schedule a public hearing on that date for this issue.
Motion carried 5-0.
Item #14CONSIDERATION OF AN ORDINANCE TO AUTHORIZE A CAPITAL
IMPROVEMENT TO CONSTRUCT A RECREATION AND COMMUNITY
CENTER C.L. 272
City Manager Orduno reviewed C.L. No. 272 recommending rejection of the
proposed transitory ordinance to authorize capital improvement expenditures for a
Recreation and Community Center because Richfield citizens voted in a Special Election
on November 2 against issuing general obligation bonds to fund the project.
Council Meeting Minutes-11-November 8, 1999
M/Susag, S/Stokes to remove from the table the motion from October 11, 1999 to
approve second reading of a transitory ordinance authorizing expenditures for the planning
and construction of a Recreation and Community Center pursuant to Richfield Charter,
Section 8.04.
Motion carried 5-0.
The motion being removed from the table, Mayor Kirsch called for a vote on the
motion from the October 11, 1999 City Council Meeting which was:
M/Susag, S/ Sandahl that this constitutes second reading of a transitory ordinance
to authorize expenditures for the planning and construction of a Recreation and
Community Center pursuant to Richfield Charter, Section 8.04.
Motion failed 0-5. (Kirsch, Rosenberg, Sandahl, Stokes and Susag opposed)
Item #15FIRST READING OF AN ORDINANCE AMENDMENT REZONING
PROPERTIES TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN
C.L. 273
City Manager Orduno reviewed C.L. No. 273 regarding a proposed ordinance
amendment to rezone certain properties to be consistent with the Richfield Comprehensive
Plan.
M/Susag, S/Stokes 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
December 13, 1999 City Council meeting.
Motion carried 5-0.
Item #15ACONSIDERATION OF ADOPTION OF FINANCIAL POLICIES FOR THE
CITY OF RICHFIELD C.L. 252
Council Member Susag stated he had requested this item be removed from the
Consent Calendar because he had the following suggested word change:
III.Financial Management Policies
#A.8. The City will determine the least costlymostcosteffective financing
method for all new projects.
M/Susag, S/Sandahl to adopt the financial policies for the City of Richfield as
presented with one amendment to III. A. 8. striking the words “least costly” and replacing
them with the words “most cost effective”.
Council Meeting Minutes-12-November 8, 1999
Motion carried 5-0.
Item #16AIRPORT STATUS REPORT
City Manager Orduno reported on the status of the following airport issues:
x
Mayor Kirsch and the City Manager will be traveling to Washington, D.C. on
November 9 to meet with FAA officials to discuss the FAA’s letter on revenue
diversion and to meet with members of the Minnesota congressional
delegation to discuss airport issues.
x
The Low Frequency Noise Policy Committee will be meeting on November
10. The Expert Panel is not expected to give their final report yet.
x
Planning efforts continue regarding the Cedar Avenue Redevelopment area
mitigation.
Item #17LEGISLATIVE REPORT
City Manager Orduno stated that she had met with the Richfield School District
#280 to discuss legislative issues and policies. She stated that the School Board and City
Council would meet on December 6 at 5:30 p.m., prior to the Truth in Taxation Meeting, to
discuss legislative issues and policies.
Item #18COUNCIL DISCUSSION ITEMS
Council Member Susag discussed issues related to the Comprehensive Plan being
a guide and living document which needs modification from time to time.
Mayor Kirsch stated that the Planning Commission reviews the Comprehensive
Plan each year for revision to keep it current.
Council Member Susag requested that City staff update and keep current the Cable
TV listings of notices and agendas.
Council Member Rosenberg stated she had received questions from a resident
regarding increased truck traffic, possible load limits and speeding on Penn Avenue.
Public Works Director Eastling stated Penn Avenue is a county road, but that he
would alert them to these issues to see what can be done and also ask the Public Safety
Department to address the speeding issue.
Council Meeting Minutes-13-November 8, 1999
Item #CLAIMS AND PAYROLL
M/Stokes, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 90515 - 90939$ 66,288.91
H/C91578 – 91891$ 547,915.02
PAYROLL16380 – 16392; 16502 – 16711$ 446,164.04
TOTAL$1,060,367.97
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:10 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Thomas P. FerberSamantha Orduno
City ClerkCity Manager