04-10-00 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 10, 2000
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; and Russ
Susag.
Members
Not Present:Kristal Stokes.
M/Susag, S/Sandahl to determine the absence of Council Member Stokes as an
excused absence for the April 10 Special City Council Study Session Meeting and the April
10 Regular City Council Meeting.
Motion carried 4-0.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; Mike Eastling, Public Works
Director; Jim Topitzhofer, Recreation Services Director; Chris Regis,
Finance Manager; Julie Urban, Zoning Administrator; and Corrine
Thomson, City Attorney.
Council Meeting Minutes-2-April 10, 2000
APPROVAL OF MINUTES
M/Sandahl, S/Susag to approve the minutes of the Regular City Council Meeting of
March 27, 2000.
Motion carried 4-0.
Item #1PRESENTATION OF CERTIFICATE OF RECOGNITION TO MOTOR
VEHICLE LICENSING EMPLOYEES, CITY CLERK DIVISION
Council Member Rosenberg read and presented a Certificate of Recognition to
Motor Vehicle Licensing Supervisor Nancy Gibbs and the Motor Vehicle Licensing
employees in recognition of their achievement in Deputy Registrar accuracy and customer
service ratings from the Minnesota Department of Driver and Vehicle Services.
Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Jim Bergin, 7627 Oliver Avenue, stated concerns about a letter mailed to residents
from Walser Automotive regarding the Interchange West Redevelopment Area. He
reviewed concerns about how Walser has not been a good neighbor to the area nor lived
up to their commitments. He reviewed traffic and parking concerns related to the Walser
automobile businesses. He spoke about the benefits of the Best Buy proposed
development. He suggested more communication to residents about on the benefits of the
proposed Best Buy redevelopment.
Council Member Susag stated that Mr. Walser has not presented any development
proposal to the City and stated concerns that such a mailing implies that he has done so.
Gordon Anderson, 7501 Elliot Avenue, stated concerns that the HRA approved an
redevelopment agreement with Best Buy at the March 20 HRA Meeting without giving time
for public input and with little discussion. He asked that public hearings be held regarding
the proposal. He discussed concerns regarding the use and percentage of tax increment
financing projects in Richfield and the impact on taxpayers.
Rosemary Anderson, 6644 Portland Avenue, asked for clarification regarding a
Public Works Open House information meeting regarding possible sidewalk improvements
on Portland Avenue. She expressed opposition and concerns about any possibility that
Portland Avenue be widened now or in the future.
Council Meeting Minutes-3-April 10, 2000
Public Works Director Eastling explained that the Open House was to discuss
moving the sidewalks along Portland Avenue and 66th Street adjacent to Veterans
Memorial Park back away from the curb further into the park. He stated street widening is
not part of this proposal.
Larry Wozniczka, 6744 Wentworth Avenue, requested that additional financial
information regarding the proposed Best Buy redevelopment be provided in the Your City
regarding:
x
List of additional costs of local services for the development (i.e. roads, bridges,
sewers, staff time)
x
Anticipated revenues from the project, what will be spent on the project and what
will be left
Robert Hall, 7309 Oliver Avenue, stated concerns about the broader implications of
the Best Buy redevelopment and receiving information. He stated he was not notified of
the Best Buy information meetings and that he should have been because he is affected
by the redevelopment. He stated if Walser was breaking the law they should be made to
obey. He stated the need for more definitive information on the Best Buy project’s traffic
and economic impacts.
Dennis W. Manson, 6901 Park Avenue, stated he was glad to see residents
participating and talking to the City Council.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Sandahl to approve the agenda.
Motion carried 4-0.
Item #4 CONSENT CALENDAR
A.APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT TO INGRAM
EXCAVATING, INC. FOR 70TH STREET AND RUSSELL AVENUE STREET AND
STORMWATER IMPROVEMENTS IN AMOUNT OF $102,406.10 S.R. NO. 95
B.APPROVED AWARD OF CONTRACT TO EARL F. ANDERSON, INC. FOR HEREDIA
PARK PLAYFEATURE REPLACEMENT PROJECT IN AMOUNT OF $58,000 S.R. NO.
96
Council Meeting Minutes-4-April 10, 2000
C.APPROVED RESOLUTION AUTHORIZING EXECUTION OF LANDSCAPE
PARTNERSHIP AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF
TRANSPORTATION AND CITY OF RICHFIELD FOR PLANTINGS AT WOOD LAKE
NATURE CENTER S.R. NO. 97
RESOLUTION NO. 8868
RESOLUTION AUTHORIZING THE EXECUTION OF MnDOT AGREEMENT #80051
BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND
THE CITY OF RICHFIELD, WOOD LAKE NATURE CENTER, TO ENTER INTO A
LANDSCAPING PARTNERSHIP FOR LANDSCAPE CONSTRUCTION TO BE
PERFORMED NEAR TRUNK HIGHWAY 35W IN THE WOOD LAKE NATURE CENTER
WITHIN THE CORPORATE CITY LIMITS UNDER STATE PROJECT #2782-969A.
This resolution appears as Resolution No. 8868 in Resolution Book No. 71.
D.APPROVED AUTHORIZATION FOR MAYOR TO SIGN CONSENT AND CONFLICT
WAIVER FOR MOSS & BARNETT REGARDING REPRESENTATION OF BERNIE’S
MONTESSORI SCHOOL, INC. BEFORE CITY OF RICHFIELD S.R. NO. 98
E.APPROVED RESOLUTION CONCURRING WITH JOINT PETITION OF RICHFIELD-
BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION AND MINNEHAHA
CREEK WATERSHED DISTRICT FOR BOUNDARY CHANGE TO INCLUDE
RICHFIELD LAKE AND AUGSBURG PARK POND DRAINAGE AREAS S.R. NO. 99
RESOLUTION NO. 8869
RESOLUTION CONCURRING WITH THE JOINT PETITION OF THE RICHFIELD
BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION AND THE
MINNEHAHA CREEK WATERSHED DISTRICT FOR A BOUNDARY CHANGE
This resolution appears as Resolution No. 8869 in Resolution Book No. 71.
F.APPROVED RIGHT-OF-WAY PERMIT ALLOWING METRICOM, INC. TO INSTALL
WIRELESS DATA TRANSMISSION EQUIPMENT ON SELECTED STREETLIGHT
POLES THROUGHOUT RICHFIELD S.R. NO. 100
G.APPROVED RESOLUTION ADOPTING TECHNICAL AMENDMENT TO INTERSTATE-
LYNDALE-NICOLLET TAX INCREMENT FINANCING PLAN FOR ILN TAX INCREMENT
FINANCING DISTRICT WITHIN RICHFIELD REDEVELOPMENT PROJECT AREA S.R.
NO. 101
RESOLUTION NO. 8870
RESOLUTION ADOPTING A MODIFIED TAX INCREMENT
FINANCING PLAN FOR THE INTERSTATE-LYNDALE-NICOLLET (ILN)
TAX INCREMENT FINANCING DISTRICT WITHIN THE
RICHFIELD REDEVELOPMENT PROJECT AREA.
This resolution appears as Resolution No. 8870 in Resolution Book No. 71.
Council Meeting Minutes-5-April 10, 2000
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 4-0.
Item #5PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT REZONING PROPERTY TO ZONING DISTRICTS
CONSISTENT WITH COMPREHENSIVE PLAN S. R. NO. 102
Community Development Director Palmborg reviewed Staff Report No. 102
regarding a proposed ordinance amendment rezoning certain properties to zoning districts
consistent with the Comprehensive Plan.
Glen Schumann, Moss & Barnett, Attorney representing Bernies Montessori School,
Inc., 1100 East 66th Street, spoke in opposition to any change in the zoning for this
property indicating the building was built to a commercial grade and there was no material
distinction from other commercial properties in the area. He stated concurrence with the
Planning Commission recommendation against rezoning this property.
Jann Owen, 6535 11th Avenue, spoke in support of rezoning 1100 East 66th Street
to residential to be consistent with the Comprehensive Plan.
Marilyn Machacek, 6529 11th Avenue, spoke in support of rezoning 1100 East 66th
Streetto residential to be consistent with the Comprehensive Plan.
Carole Rinder, 6420 11th Avenue, spoke in support of rezoning 1100 East 66th
Street to MR and not to leave it commercial.
Pat Kargel, 6612 15th Avenue, requested that her property not be rezoned and that
it remain zoned as commercial. She indicated that it is surrounded by commercial property
and it would be advantageous to preserve future options for greater resale with possible
changes in the area due to the airport expansion.
Betty Peltola, 6421 11th Avenue, indicated that there had been a previous
commitment to rezone the property to residential at the time the Montessori School was
approved.
Virginia Moore, 6410 11th Avenue, stated that with a park across the street 1100
East 66th should be zoned as residential.
Connie Lupkes, 6404 11th Avenue, stated concern that promises be kept about
rezoning 1100 East 66th Street.
Glen Schuman, Attorney for Bernie’s Montessori, 1100 East 66th Street, stated that
no promises were made that required rezoning and that the owner relied on the zoning at
the time. He stated the building would not be adaptable to residential use.
Council Meeting Minutes-6-April 10, 2000
Jann Owen, 6535 11th Avenue, stated that it was the recollection of the
neighborhood that 1100 East 66th Street would be rezoned as residential.
Council Member Susag stated that the proposed ordinance does not include
rezoning 1100 East 66th Street and asked whether it could be added at this point.
City Attorney Thomson discussed procedural issues regarding ordinance
amendments and notice. She stated there was nothing to preclude the City Council from
referring the issue of rezoning 1100 East 66th Street back to the Planning Commission or
scheduling a First Reading to consider such a rezoning.
Zoning Administrator Urban reviewed how the rezoning of this property currently
zoned C-2 (General Commercial), had been considered by the Planning Commission who
had voted to leave the zoning as it exists.
Council Member Susag requested staff to review the record regarding 1100 East
66th Street and report to the City Council.
Discussion followed regarding the request for 6612 15th Avenue to remain zoned as
commercial.
M/Susag, S/Sandahl to close public hearing.
Motion carried 4-0.
M/Sandahl, S/Susag to delete 6612 15th Avenue from the proposed ordinance and
to refer the issue of rezoning this property back to the Planning Commission for
consideration and that this constitute Second Reading of Bill 2000-11 as amended, that it
be published in the official newspaper and that it be made part of these minutes.
Motion carried 4-0.
M/Susag, S/Sandahl to refer the issue of rezoning 1100 East 66th Street back to the
Planning Commission for consideration.
Motion carried 4-0.
The Council directed staff to report on the record and commitments regarding
zoning for the property at 1100 East 66th Street.
Council Meeting Minutes-7-April 10, 2000
Item #6CONSIDERATION OF RESOLUTION APPROVING PROVISIONS OF 2000
LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES
LOCAL 162 S. R. NO. 103
Administrative Services Director Devich reviewed Staff Report No. 103 summarizing
and recommending approval of the provisions of a labor agreement with Law Enforcement
Labor Services (LELS) Local 162 bargaining unit for the year 2000.
Larry Wozniczka, 6744 Wentworth Avenue, questioned the Pilot Program providing
a $1,000 annual car allowance for Captains and Lieutenants.
Administrative Services Director Devich reviewed the proposal which is for one year
only ending December 31, 2000 and how it related to total compensation for Captains and
Lieutenants.
M/Susag, 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. 8871
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 162
BARGAINING UNIT FOR THE YEAR 2000
Motion carried 4-0. This resolution appears as Resolution No. 8871 in Resolution
Book No. 71.
Item #7CONSIDERATION OF RESOLUTION AUTHORIZING TRANSFER OF
$500,000 FROM CAPITAL IMPROVEMENT RESERVE FUND TO HRA
GENERAL FUND TO FUND 1999 AIRPORT MITIGATION AND
REDEVELOPMENT EXPENDITURES S. R. NO. 104
Administrative Services Director Devich reviewed Staff Report No. 104 regarding a
proposed resolution to transfer $500,000 from the Capital Improvement Reserve Fund to
the HRA General Fund to fund 1999 airport mitigation and redevelopment expenditures.
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. 8872
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE CAPITAL
IMPROVEMENT RESERVE FUND
Council Meeting Minutes-8-April 10, 2000
Motion carried 4-0. This resolution appears as Resolution No. 8872 in Resolution
Book No. 71.
Item #8CONSIDERATION OF FIRST READING OF PROPOSED ORDINANCE
AMENDMENT TO CITY ADMINISTRATIVE CODE SUBSECTION 310.31
PROVIDING HOLIDAY LEAVE FOR SPECIALIZED PAY PLAN
EMPLOYEES S. R. NO. 105
Administrative Services Director Devich reviewed Staff Report No. 105 regarding a
proposed ordinance amendment to City Administrative Code Subsection 310.31 providing
holiday leave for Specialized Pay Plan employees.
M/Susag, S/Sandahl that this constitutes the First Reading of this ordinance; and
the Public Hearing and Second Reading of the ordinance be scheduled for the May 8,
2000 City Council Meeting.
Motion carried 4-0.
Item #9CONSIDERATION OF RECEIPT OF UNAUDITED 1999 FINANCIAL
REPORT S. R. NO. 106
Administrative Services Director Devich reviewed Staff Report No. 106 regarding
presentation of the unaudited 1999 Financial Report to the City Council.
Finance Manager Regis reviewed the schedule for completion of the audit and the
presentation of the auditors to the City Council of their report.
M/Susag, S/Sandahl to receive the unaudited 1999 Financial Report of the City.
Motion carried 4-0.
Item #10AIRPORT STATUS REPORT
City Manager Orduno reviewed the status of the following airport issues:
x
Low Frequency Noise Report Status
x
Met with editorial staff of Minneapolis Star Tribune and St. Paul Pioneer
Press regarding the airport mitigation legislative issues
x
Airport Mitigation Legislation status
Council Meeting Minutes-9-April 10, 2000
Item #11LEGISLATIVE REPORT
None.
Item #12COUNCIL DISCUSSION ITEMS
Council Member Susag discussed the following issues:
x
Pioneer Press receiving the Pulitzer Prize for its story on the University of
Minnesota basketball program
x
Fourth of July parade float for the City Council
x
Friends of Wood Lake (FOWL) Dinner – April 28 at the Decathlon Club
Mayor Kirsch reminded residents that the latest Your City newsletters are out and if
they have questions or need further information they should call City Hall.
Item #13CLAIMS AND PAYROLL
M/Rosenberg, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 95108 – 95139$79,890.78
H/C96673 - 96984$803,239.26
PAYROLL18484 - 18492; 18679 - 18852$453,442.76
TOTAL$ 1,336,572.80
Motion carried 4-0.
ADJOURNMENT
Mayor Kirsch recessed the regular meeting at 8:29 p.m. to the Executive
Conference Room for a Closed Executive Session for the purpose of discussing pending
litigation. The Closed Executive Session was called to order by Mayor Kirsch at 8:37 p.m.
The Closed Executive Session was convened pursuant to M.S. 471.705.
Council Meeting Minutes-10-April 10, 2000
Members Present:Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; and Russ
Susag.
Members
Not Present:Kristal Stokes.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; and Thomas P. Ferber, City Clerk.
Legal Counsel
Present:John “MAC” LeFevre, Kennedy and Graven; Pat Beety, League of
Minnesota Cities.
Legal Counsel discussed pending litigation with the City Council.
The Closed Executive Session was adjourned by unanimous consent at 8:58 p.m.
Mayor Kirsch reconvened the Regular Meeting and the meeting was adjourned by
unanimous consent at 8:59 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Thomas P. FerberSamantha Orduno
City ClerkCity Manager