11-22-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 22, 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; Deborah Guiher, Acting City
Clerk; Dan Scott, Public Safety Director; Mike Eastling, Public Works
Director; Jim Topitzhofer, Recreation Services Director; Bruce
Nordquist, Housing & Redevelopment Manager; Tom Foley,
Transportation Engineer; John Stark, Community Development
Manager; Perry Thorvig, Community Development Specialist; and
Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Susag, S/Rosenberg to approve the minutes of the regular City Council Meeting
of November 8, 1999.
Motion carried 5-0.
Council Meeting Minutes-2-November 22, 1999
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Dick Ziemer, 6400 Vincent Avenue, presented a copy of a resolution that the City of
Minneapolis passed in December 1998, regarding nighttime airport noise. He suggested a
similar resolution be passed by the Richfield City Council.
Mayor Kirsch stated the State groups he is involved with tried to advocate this twice,
and the response from Northwest Airlines was not to even think of it.
Don Cederholm, 6214 Fifth Avenue, stated that had we not been so generous in
1959, the airport would now be in Lakeville. He asked that the City leave Veterans
Memorial Park alone and asked when the remainder of the 100 trees would be planted.
Mayor Kirsch stated that 50 to 60 trees have been planted and that the problem
now is one group wants more trees and the other group says they like the park the way it
is now. He stated it did not make sense to plant too many trees and then be asked to
remove them.
Mayor Kirsch also reminded everyone that 20 years ago the Master Park Plan did
show other buildings on this site. He stated a grass roots residents group came to the City
Council requesting the vote on the Community Center to see what the residents wanted.
He stated the results of the vote was no to the Community Center.
Gerard Millette, 6406 16th Avenue, questioned whether financial assistance would
be available to the elderly and others that are affected with relocation due to the airport.
City Manager Orduno stated that the City will do everything possible to help find
relocation funding from State or Federal programs to assist the affected residents.
Alfred Johnson, 6813 Cedar Avenue, stated concerns about airport noise impacts
and what will be done about it.
Mayor Kirsch stated that when he was in Washington, D.C. he discussed with the
FAA stopping construction on the runway at this time.
Item #2COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes-3-November 22, 1999
Item #3STATUS REPORT FROM MIKE SANDAHL REGARDING LOW
FREQUENCY NOISE
Mike Sandahl, Richfield representative on the Low Frequency Noise Policy
Committee, gave the following report: Tom Conner, a noise expert in Washington, has
requested more specific low frequency noise measurements be made. A final report with
the analysis and recommendation of the Expert Panel will be presented December 10 to
the members of the Low Frequency Noise Policy Committee. The Committee will meet on
December 15, but may not have everything settled at that time. The Expert Panel consists
of Andy Harris, HMMH; Sandy Fidell,BBN Technologies; and Lou Sutherland, a private
noise consultant. Due to the extra work requested by the FAA, the cost of the study has
increased. The City of Minneapolis will provide $18,000 in funding for the study.
Item #4CONSIDERATION OF STATUS OF RUNWAY 4-22 LITIGATION IN
MINNESOTA STATE COURT C.L. 274
City Manager Orduno reviewed Council Letter No. 274 regarding consideration of
the status of the Runway 4-22 litigation in Minnesota State Court.
M/Susag, S/Stokes to authorize Richfield’s attorneys to dismiss with prejudice the
Runway 4-22 litigation in Minnesota State Court with the stipulation that the MAC won’t
implement the Runway Use Plan Component.
Motion carried 5-0.
Item 5#AIRPORT STATUS REPORT
City Manager Orduno stated that Mike Sandahl’s report was good news. She
reported that a letter was sent last week to the FAA clarifying items discussed in
Washington, D.C. with copies going to Congressmen Sabo and Oberstar, and Senators
Wellstone and Grams.
Council Member Susag requested clarification that the MAC agreed to fund part of
the light-rail to the terminal at the airport.
Public Works Director Eastling responded that Gary Warren of MAC had stated that
the MAC would participate, however, the issue of whether the MAC or MnDOT would
construct the tunnel has come up.
Council Member Susag stated the need for definite clarification on that issue.
Council Meeting Minutes-4-November 22, 1999
Mayor Kirsch requested that City staff obtain clarification on this issue.
Item #6 CONSENT CALENDAR
City Manager Orduno recommended that Consent Calendar Item C be tabled until a
later date.
A.APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE OF 1710 EAST 78TH STREET, PHASE III, 77TH
STREET PROJECT C.L. 275
RESOLUTION NO. 8801
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY
1710 78TH STREET
This resolution appears as Resolution No. 8801 in Resolution Book No. 70.
B.APPROVED RESOLUTION CORRECTING LIST OF PARCELS INCLUDED IN
RICHFIELD REDISCOVERED 1999 TAX INCREMENT FINANCING DISTRICT C.L.
276
RESOLUTION NO. 8802
RESOLUTION CORRECTING THE LIST OF PARCELS
TO BE INCLUDED IN THE RICHFIELD REDISCOVERED 1999
TAX INCREMENT FINANCING DISTRICT
This resolution appears as Resolution No. 8802 in Resolution Book No. 70.
TABLED
C.CONSIDERATION OF A RESOLUTION REGARDING JOINT POWERS AGREEMENT
FOR HENNEPIN SOUTH SERVICES COLLABORATIVE C.L. 277
M/Stokes, S/Sandahl to approve the consent calendar as amended.
Motion carried 5-0.
Item #7CANCELLATION OF PUBLIC HEARING ON CONDITIONAL USE PERMIT
TO ALLOW GAS STATION/CONVENIENCE STORE AT 1208 EAST 66TH
STREET C.L. 278
Council Meeting Minutes-5-November 22, 1999
City Manager Orduno reviewed Council Letter No. 278 recommending the
cancellation of a public hearing for a conditional use permit at 1208 East 66th Street.
M/Stokes, S/Susag to cancel the public hearing on a conditional use permit for 1208
East 66th Street.
Motion carried 5-0.
Item #8PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
PRELIMINARY PLAT FOR PHASE III OF LYNDALE GATEWAY PLANNED
UNIT DEVELOPMENT PLAN C.L. 279
City Manager Orduno reviewed Council Letter No. 279 regarding consideration of a
request to approve a preliminary plat for Phase III of the Lyndale Gateway Planned Unit
Development.
M/Susag, S/Stokes to close 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:
RESOLUTION NO. 8803
RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION FOR
MINNSTAR BUILDERS, INC.
Motion carried 5-0. This resolution appears as Resolution No. 8803 in Resolution
Book No. 70
Item #9PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE VACATING RIGHT-OF-WAY ADJACENT TO 6225
BLAISDELL AVENUE C.L. 280
City Manager Orduno reviewed Council Letter No. 280 regarding a proposed
transitory ordinance vacating right-of-way adjacent to 6225 Blaisdell Avenue.
John Hopkins, 6225 Blaisdell Avenue, stated that with additional property he could
expand without having to move.
M/Susag, S/Rosenberg to close public hearing.
Council Meeting Minutes-6-November 22, 1999
Motion carried 5-0.
M/Stokes, S/Susag that this constitutes Second Reading of Bill No. 1999-14,
Transitory Ordinance 17.92 vacating right-of-way adjacent to 6225 Blaisdell Avenue, that it
be published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #10PUBLIC HEARING AND CONSIDERATION OF RESOLUTION FOR
GENERAL CRITERIA FOR BUSINESS SUBSIDIES C.L. 281
City Manager Orduno reviewed Council Letter No. 281 regarding consideration of
adopting general criteria for providing business subsidies.
M/Susag, S/Stokes to close 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:
RESOLUTION NO. 8804
RESOLUTION AUTHORIZING THE ADOPTION OF CRITERIA FOR PROVIDING
BUSINESS SUBSIDIES
Motion carried 5-0. This resolution appears as Resolution No. 8804 in Resolution
Book No. 70.
Item #11PUBLIC HEARING AND CONSIDERATION OF RESOLUTION FOR
BUSINESS SUBSIDY AGREEMENT WITH RICHFIELD STATE AGENCY
TO FUND STORM SEWER IMPROVEMENTS AT WOODLAKE CENTRE
C.L. 282
City Manager Orduno reviewed Council Letter No. 282 regarding consideration of a
proposed business subsidy agreement with Richfield State Agency to fund storm sewer
improvements at Woodlake Centre.
Public Works Director Eastling stated that the storm sewer pipe capacity on Grand
Avenue is inadequate. He reviewed the costs of the project and the proposed Business
Subsidy Agreement to help fund the project.
Council Meeting Minutes-7-November 22, 1999
Council Member Stokes clarified with Public Works Director Eastling that the project
was underway before this inadequate capacity was discovered requiring additional costs
so residents are aware that this wasn’t a planned situation.
M/Susag, S/Stokes to close public hearing.
Motion carried 5-0.
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. 8805
RESOLUTION AUTHORIZING THE ADOPTION OF BUSINESS SUBSIDY AGREEMENT
WITH RICHFIELD STATE AGENCY, INC.
Motion carried 5-0. This resolution appears as Resolution No. 8805 in Resolution
Book No. 70.
Item #12PUBLIC HEARING RELATED TO CONSIDERATION OF APPROVING
LAYOUT FOR TRUNK HIGHWAY 77 AND 66TH STREET INTERCHANGE
C.L. 283
City Manager Orduno reviewed Council Letter No. 283 regarding consideration of
approving a layout for Trunk Highway 77 and 66th Street Interchange.
Public Works Director Eastling and Tony Heppelman with BRW made a
presentation showing the planned layout with transparencies.
Gerard Millette, 6406 16th Avenue, stated that no trucks should be allowed on the
residential streets.
Public Works Director Eastling stated that by leaving Cedar Avenue open the trucks
would stay there and not go on the side streets. He stated the City could post weight
restrictions.
Council Member Susag also stated that weight restrictions should be posted on
66th Street into the avenues.
Dr. Luanne Wendland, Animal Care Clinic, 6521 Cedar Avenue, stated concerns
that there is no place for relocation and no information has been given to businesses. She
indicated Animal Care Clinic wants to stay in Richfield for their clients.
Andy Hartle, 6332 12th Avenue, stated that the truck traffic is already using
residential streets.
Council Meeting Minutes-8-November 22, 1999
DickZiemer, 6400 Vincent Avenue, questioned how far the buy out area is on 66th
Street.
Public Works Director Eastling stated that it would be one lot.
DickZiemer, 6400 Vincent Avenue, stated that due to the airport the City is losing
more tax base. He also questioned if the maintenance garage would be built on the east
side of Cedar, who would pay for it and whether it will be Richfield’s property.
Public Works Director Eastling responded that the City would pay for the
maintenance garage and it would be on Richfield property.
Donald Morrow, 6445 Cedar Avenue, Morrows Auto Body, stated that they have
been in this location for 38 years and asked where he would be relocated. He indicated if
moved too far, he’ll be put out of business.
FredMcAleer, 6532 18th Avenue, wanted to know if there would be a barrier put up
along the north side of 66th Street.
TonyHeppelman of BRW responded that, as of now, there is no proposal for a
barrier.
Dr. Ralph Weichselbaumm, Animal Care Clinic, 6521 Cedar Avenue, stated that no
information has been given on what is happening. He said if certain businesses are
moved even one mile down the road, they will lose their business. He indicated receiving
information during the spring of 2001 is too late or even the summer of 2000 is too late.
Plans are needed now along with the funding.
Tom Larson, 6333 Cedar Avenue, requested that the City remember how much
everyone has invested in their property. Not just the real estate, but their whole lives. The
City needs to take into consideration that they are residents too.
Roger Johnson, 7045 Bloomington Avenue, stated that nothing being done is going
to benefit the residents, just benefiting the airport. He indicated he heard that $8 million is
coming from the mitigation fund. He complained about big belly dump trucks on
Bloomington Avenue.
Public Works Director Eastling responded that airport construction truck traffic is
over 200 per hour during peak times. He stated that concerns regarding truck traffic on the
airport site should be directed to Gary Warren, Metropolitan Airport Commission (612-726-
8131), and directed to the State Highway Patrol for off site airport concerns.
Council Member Susag requested that information about calling the State Highway
Patrol if trucks on are City streets should appear on the Cable TV Bulletin Board.
Public Works Director Eastling clarified that if the City doesn’t get money from the
State for mitigation, the MAC will pay for it. He stated no new money will be taken from the
City funds.
Council Meeting Minutes-9-November 22, 1999
Ron Tugan, 6405 Cedar Avenue, asked questions about relocation costs and
benefits.
Ron Lischeid, 6141 Colfax Avenue, feels that the City needs to have a replacement
area for businesses to be relocated.
Dave Eidsmo, 6600 17th Avenue, feels that keeping old Cedar open is more
acceptable. He stated as far as the trucks, there isn’t much that can be done if signs aren’t
posted.
Laurie Marette, Short Stop, 7034 Cedar Avenue, stated the desire to continue their
business in Richfield. She stated that she hopes the City can help them.
Pat Kirkwolds, 1720 East 66th Street, asked what the City is going to do for them.
He stated an evaluation of the property and down business time needs to considered. He
indicated they want to be given a chance to relocate in Richfield.
Dave Vogel, 1614 East 66th Street, stated a stoplight needs to be added at 17th
Avenue indicating it is dangerous to get in and out of his driveway.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
Public Works Director Eastling spoke on behalf of the Community Development
Department, and stated that a consultant would work with the businesses explaining the
relocation process, how it will work, what their rights are and what they are eligible for. He
stated interviews would be scheduled in the next week.
Council Member Susag requested that all information be put in writing and mailed to
all affected businesses and residents with a timetable and all issues explained, before any
more meetings are held.
Council Member Sandahl stated that the City needs to make sure residents and
business owners receive compensation for their respective interests.
Community Development Specialist Thorvig explained how property owners would
be paid for their property and business occupants would be paid for relocation costs.
Council Member Susag requested this information also be provided in writing to the
affected people.
City Attorney Thomson stated that if the City is the acquiring authority, the City is
obligated to pay just compensation for property it takes. She stated the City must pay fair
market value as of the date the property is taken and the City would also have to pay
relocation benefits required by the Uniform Relocation Act.
Council Member Susag stated that the City needs to try to relocate all the
businesses within the City. He also asked if the Richfield Liquor Store would also be
taken.
Council Meeting Minutes-10-November 22, 1999
Public Works Director Eastling stated that the liquor store would not be taken.
Council Member Stokes stated that the final approval needs to contain the
information on the interim plan.
Council Member Rosenberg stated that she is once again angry with MAC. She
stated that this project is of no benefit to the residents. She stated concern for the
businesses and concern with the fact that there have been no conversations with these
businesses. She stated she will not support approval.
Council Member Stokes stated that she also lives on 17th Avenue and that she
wants this to work for the residents, not against them. She stated we don’t need to
become victims.
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 and that City staff will prepare an
interim plan to address the effects of traffic diversion from Cedar Avenue onto residential
streets until redevelopment occurs:
RESOLUTION NO. 8806
RESOLUTION APPROVING LAYOUT FOR IMPROVEMENTS TO THE
TRUNK HIGHWAY 77 AND 66TH STREET INTERCHANGE
Motion carried 4-1. (Rosenberg opposed.) This resolution appears as Resolution
No. 8806 in Resolution Book No. 70.
Item #13PUBLIC HEARING REGARDING ACCEPTANCE OF FUNDING UNDER
BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT
BLOCK GRANT PROGRAM C.L. 284
City Manager Orduno reviewed Council Letter No. 284 regarding acceptance of
funding under the Bureau of Justice Assistance Local Law Enforcement Block Grant
Program.
Director of Public Safety Scott explained that GREAT stands for Gang Resistance
Education And Training.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
City Manager Orduno stated no further action was required by Council.
Council Meeting Minutes-11-November 22, 1999
Item #14CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
AUTHORIZING SALE OF CITY OWNED REAL PROPERTY AT 7645
LYNDALE AVENUE TO RICHFIELD SENIOR HOUSING, INC. FOR
LYNDALE GATEWAY REDEVELOPMENT PROJECT C.L. 285
City Manager Orduno reviewed Council Letter No. 285 regarding the proposed
transitory ordinance authorizing the sale of City owned real property at 7645 Lyndale
Avenue to Richfield Senior Housing Inc., for the Lyndale Gateway Redevelopment.
M/Susag, S/Stokes that this constitutes the First Reading of this ordinance; and the
Public Hearing and Second Reading of the ordinance be scheduled for the January 10,
2000 City Council meeting.
Motion carried 5-0.
Item #15CONSIDERATION OF RESOLUTION FORGIVING REMAINING BALANCE
ON 1990 INTERFUND LOAN FROM LYNDALE-HUB-NICOLLET TAX
INCREMENT FUND TO RICHFIELD REDISCOVERED NEW
CONSTRUCTION PROGRAM C.L. 286
City Manager Orduno reviewed Council Letter No. 286 regarding consideration of a
resolution forgiving the remaining balance on the 1990 Interfund Loan from Lyndale-Hub-
Nicollet Tax Increment Fund to Richfield Rediscovered New Construction Program.
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. 8807
RESOLUTION FORGIVING THE REMAINING BALANCE ON A 1990 INTERFUND LOAN
FROM THE LHN TAX INCREMENT FUND TO THE
RICHFIELD REDISCOVERED 1999 NEW CONSTRUCTION PROGRAM
Motion carried 5-0. This resolution appears as Resolution No. 8807 in Resolution
Book No. 70.
Item #16CONSIDERATION AND DISCUSSION OF COUNCIL ATTENDANCE
POLICY C.L. 287
City Manager Orduno reviewed Council Letter No. 287 regarding consideration and
discussion of the Council Attendance Policy.
Council Meeting Minutes-12-November 22, 1999
Council Member Sandahl requested a change in the proposed ordinance in Section
205.15, the new paragraph C. She stated it should read “may be penalized” instead of
“shall be penalized”.
M/Susag, S/Stokes to schedule the First Reading of the proposed ordinance with
the amendment for December 13, 1999 and Second Reading on January 10, 2000; and
schedule consideration of the Resolution regarding Council attendance for January 10,
2000.
Motion carried 5-0.
Item #17LEGISLATIVE REPORT
City Manager Orduno stated staff is preparing the legislative policies and initiatives
for the City Council review in January.
City Manager Orduno announced a Special City Council Meeting with the Richfield
School Board has been scheduled for December 6, 1999 at 5:00 p.m. in the Richfield
School District Board Room.
City Manager Orduno stated residents in the airport mitigation area received letters
from Congressman Martin Sabo and MAC Chair Charles Nichols.
City Manager Orduno reported she also met with Charles Nichols last week.
Item #18COUNCIL DISCUSSION ITEMS
Mayor Kirsch discussed short-term vacancies on the Planning Commission. He
scheduled a Special City Council Meeting for interviews of applicants to be held on
November 29, 1999 at 6:00 p.m. and December 9, 1999 at 7:30 p.m. if a second date is
necessary to complete the interviews.
Mayor Kirsch stated that free rides would be available from Veterans Park on
December 17, 1999 at 4:30 p.m. for those interested in the Holi-Dazzle Parade. He stated
buses will return at 7:30 p.m., 8:30 p.m. and 9:30 p.m.
Council Member Susag thanked Public Works Director Eastling for the presentation
he made on 66th Street and Cedar Avenue. He also reminded businesses that have a
community event to have it put on the Cable TV Bulletin Board.
Council Member Sandahl attended a seminar which raised caused her to have
questions regarding City procedures for condemnation.
Council Meeting Minutes-13-November 22, 1999
City Attorney Thomson reviewed and clarified the issues regarding condemnation
procedures.
Item 19CLAIMS AND PAYROLL
Council Member Susag requested clarification or corrections regarding the Claims
and Payroll Report.
M/Sandahl, S/Stokes that claims and payrolls be considered for approval with the
appropriate clarification/corrections at the Special Meeting of November 29, 1999.
Motion carried 5-0.
Item #20RECESS TO SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN
EXECUTIVE CONFERENCE ROOM AT CITY HALL FOR DISCUSSION OF
CONDEMNATION AWARD FOR NEW FORD TOWN AND RICH ACRES
PARK PROPERTIES.
The City Council recessed the regular City Council Meeting and met in Closed
Executive Session in the Executive Conference Room for the purpose of discussion of the
condemnation award for the New Ford Town and Rich Acres Park properties. The
meeting was convened pursuant to M.S. 471.705. Those present were; Mayor Kirsch,
Council Members Sandahl, Rosenberg, Susag and Stokes, City Manager Orduno, City
Attorney Thomson, Robert Lindall, with Kennedy and Graven, and Deborah Guiher, Acting
City Clerk.
Item #21CONSIDERATION OF CONDEMNATION AWARD FOR NEW FORD TOWN
AND RICH ACRES PARK PROPERTIES.
M/Susag, S/Stokes to recommend that the City appeal the Condemnation Award for
New Ford Town and Rich Acres Park properties.
Motion carried 5-0.
Council Meeting Minutes-14-November 22, 1999
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:40 p.m.
Date Approved:
Martin J. KirschMayor
Deborah GuiherSamantha Orduno
Acting City ClerkCity Manager