06-12-00 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 12, 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; 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; Mike Eastling, Public Works
Director; Dan Scott, Public Safety Director; Chris Regis, Finance
Manager; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Rosenberg, S/Susag to approve the minutes of the (1) Regular City Council
Meeting of May 22, 2000; and (2) Special City Council Meeting of May 30, 2000.
Motion carried 5-0.
Council Meeting Minutes-2-June 12, 2000
Item #1PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS
RICHFIELD AMBASSADORS
Council Member Stokes presented Certificates of Appreciation and roses to the
2000 Miss Richfield Ambassadors: Queen Jennifer Swenson, Princess Stephanie Elliot
and Princess Liesl Larson.
Mayor Kirsch encouraged the public to participate in Richfield’s Fourth of July
Celebration events.
Council Member Susag urged the public to support the Fourth of July Celebration
by buying buttons and with contributions.
Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Shirley Fowler, 6916 Penn Avenue, criticized the City Council for decisions which
take away homes, businesses and apartments for redevelopment projects. She spoke in
opposition to the Best Buy proposal and stated concerns about the traffic that would be
generated by the project.
Debi Nordmarker, 6933 Sheridan Avenue, spoke about concerns with traffic on 70th
Street and the increased traffic from the Best Buy project which would impact the City.
She stated concerns for maintaining a safe neighborhood for children with the increase of
traffic. She spoke in opposition to the Best Buy project. She suggested the Council who
supported it should be voted out in November and stated she would like to see a vote of
citizens on the Best Buy project.
Randy M. Darling, 6945 Russell Avenue, asked the City Council to reconsider the
rules that require a 50 foot vision triangle on corner lots. He stated he wished to build a
fence for his children’s safety, but this rule would require a funny angle and did not appear
to be enforced uniformly in the City.
Public Works Director Eastling reviewed the safety and visibility issues related to
corner lot obstructions. He also reviewed discussions with the City of Edina regarding
possible traffic calming measures related to 70th Street.
City Manager Orduno stated that the fence issue would be forwarded to the
Planning Commission for review.
Council Meeting Minutes-3-June 12, 2000
Dorothy M. Johnson, 7717 Chicago Avenue, stated concerns about traffic from the
Best Buy project and the changes in Richfield.
Marian Miller, 7316 Grand Avenue, stated concerns about increased traffic on 76th
Street from the I-35W freeway interchange and from the Best Buy project.
Council Member Rosenberg stated that there will be a new pedestrian/bike bridge
over I-35W at 76th Street.
Pam Krzyzaniak, 1920 West 76th Street, stated concerns about the impacts of
increasing traffic on 76th Street from the Best Buy project.
Dennis W. Manson, 6901 Park Avenue, discussed the difficulties of change in
Richfield, citizen involvement and the uncertainty of what is right or wrong on how the
Council addresses these issues.
Joe Krzyzaniak, 1920 West 76th Street, stated concerns about the magnitude of the
Best Buy project and addressing the traffics impacts it will have on 76th Street.
Bill Duffee, 6515 18th Avenue, stated he felt that residents were being duped by
Paul Walser and that he did not care about them. He stated Walser had bought the
Lincoln Del, Freeway Dodge and Grandma’s for relocation. He stated Walser had hired
the Himle/Horner public relations firm to produce publicity to get a bigger settlement. He
stated Mr.Himle had left the MAC resulting in a delay in the low frequency noise study and
causing uncertainty for east Richfield.
Mike Dillon, 6521 Fifth Avenue, discussed questions related to the need for the 50
foot safety triangle at controlled intersections, the economics of the Best Buy project, TIF
funding for Best Buy, the impacts of police, fire, water and traffic from Best Buy and
impacts on the quality of life for residents from the project.
City Manager Orduno reviewed and discussed the tax increment financing aspects
related to the Best Buy project and the identification of traffic and City service impacts from
this project and the E.I.S. scoping process.
Mr. Dillon stated that he felt the project did not make economic sense due to TIF
and the impact on the City.
City Manager Orduno stated that the City must gather and look at the facts in this
review process.
Robert Hall, 7309 Oliver Avenue, stated that a previous speaker had been unfair to
Paul Walser. He stated the City is at fault for not providing more information to residents
on issues. He stated the City Council as elected representatives should study these
issues closer and hold people accountable for accuracy and attention to detail. He
discussed TIF and the accuracy of the Interchange West surveys.
Council Meeting Minutes-4-June 12, 2000
Bruce Wetternach, 7614 Morgan Avenue, urged the City Council to proceed with
the Best Buy project.
Mike Dillon, 6521 Fifth Avenue, stated that there had been a vote on the Community
Center and asked why there couldn’t be a vote on Best Buy.
City Attorney Thomson stated that the Community Center ballot question was for
authorization to sell bonds for construction of the Community Center which is required by
State Statute.
Debi Nordmarker, 6933 Sheridan Avenue, asked if there is a way to have a vote on
the Best Buy issue.
City Attorney Thomson reviewed City Charter provisions regarding referendum on
ordinances passed by the City Council. She reviewed and discussed State Statutes which
do not permit the City to conduct a vote on issues such as Best Buy.
City Manager Orduno reviewed the E.I.S. process and schedule regarding the Best
Buy project, the required approvals, the funding and bridge approvals required before the
Best Buy project could move forward.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Rosenberg to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A.APPROVED RESOLUTION AUTHORIZING REDUCTION IN PERFORMANCE BOND
REQUIRED OF TIME WARNER FOR SYSTEM UPGRADE OF CABLE TELEVISION
SYSTEM IN RICHFIELD S.R. NO. 139
RESOLUTION NO. 8885
RESOLUTION AUTHORIZING REDUCTION IN TIME WARNER SYSTEM UPGRADE
PERFORMANCE BOND FROM $300,000 TO $100,000
This resolution appears as Resolution No. 8885 in Resolution Book No. 71.
Council Meeting Minutes-5-June 12, 2000
B.APPROVED OFFICIAL PUBLICATION OF NOTICE OF INTENT TO FRANCHISE
CABLE TELEVISION SYSTEM S.R. NO. 140
C.APPROVED TWO RESOLUTIONS ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE OF 1700 EAST 66TH STREET AND 1708 EAST 66TH
STREET FOR 66TH STREET/TH 77 INTERCHANGE PROJECT S.R. NO. 141
RESOLUTION NO. 8886
RESOLUTION ESTABLISHING JUST COMPENSATION
AND AUTHORIZING PURCHASE OF REAL PROPERTY
LOCATED AT 1700 EAST 66TH STREET
RESOLUTION NO. 8887
RESOLUTION ESTABLISHING JUST COMPENSATION
AND AUTHORIZING PURCHASE OF REAL PROPERTY
LOCATED AT 1708 EAST 66TH STREET
These resolutions appear as Resolution No.’s 8886 and 8887 in Resolution Book
No. 71.
D.APPROVED RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS
ENTITLED TRAFFIC STUDY REIMBURSEMENT AGREEMENT AND GOLDEN
TRIANGLE REIMBURSEMENT AGREEMENT, BOTH BY AND BETWEEN CITY OF
EDEN PRAIRIE AND I-494 CORRIDOR COMMISSION S.R. NO. 142
RESOLUTION NO. 8888
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS ENTITLED
TRAFFIC STUDY REIMBURSEMENT AGREEMENT AND
GOLDEN TRIANGLE REIMBURSEMENT AGREEMENT, BOTH BY AND BETWEEN THE
CITY OF EDEN PRAIRIE AND THE I-494 CORRIDOR COMMISSION
This resolution appears as Resolution No. 8888 in Resolution Book No. 71.
E.APPROVED RESOLUTION ADDING CITY OF MINNEAPOLIS TO MEMBERSHIP OF
SOUTHWEST FIRE LEAGUE MUTUAL AID ASSOCIATION S.R. NO. 143
RESOLUTION NO. 8889
RESOLUTION AUTHORIZING THE AMENDMENT OF THE MEMBERSHIP LISTING OF
THE SOUTHWEST FIRE LEAGUE MUTUAL AID ASSOCIATION
This resolution appears as Resolution No. 8889 in Resolution Book No. 71.
Council Meeting Minutes-6-June 12, 2000
Larry Wozniczka, 6744 Wentworth Avenue, questioned costs related to the Item 4D
for the I-494 Corridor Commission.
Council Member Susag reviewed the dues of the I-494 Corridor Commission, work
of the Commission and its grant funding sources.
M/Susag, S/Stokes to approve the consent calendar.
Motion carried 5-0.
Item #5PUBLIC HEARING AND SECOND READING OF ORDINANCE ADOPTING
I-494/PENN OFFICIAL MAP AS OFFICIAL MAP INDICATING ROAD
DESIGN ACCURACY AND ADDITIONAL RIGHT OF WAY IDENTIFIED
FOR FUTURE RECONSTRUCTION OF I-494 S. R. NO. 144
Public Works Director Eastling reviewed Staff Report No. 144 regarding a proposed
ordinance to adopt the I-494/Penn Official Map as the official map indicating that the road
design is accurate and additional right of way is identified for the future reconstruction of I-
494. He reviewed the proposed I-494 and I-35W layout with it’s impact on the properties
along I-494 between I-35W and Penn Avenue. He responded to questions regarding the
potential timing of the bridges and mainline reconstruction.
Council Member Susag discussed issues regarding the I-494 upgrade.
Fred White, 7639 Thomas Avenue, asked about provisions for pedestrian crossing
on the Penn Avenue bridge.
Public Works Director Eastling stated there would be sidewalks on both sides of the
bridge.
Joe Krzyzaniak, 1920 West 76th Street, stated concerns about traffic impacts on
76th Street from the Best Buy project.
Public Works Director Eastling reviewed the proposed traffic signals and entrance
points related to the Best Buy site.
Larry Wozniczka, 6744 Wentworth Avenue, stated concerns about the impact of
increased traffic from I-35W to 76th Street indicating he favored continued allowance for I-
35W northbound traffic to use the I-494 ramp to exit at Penn Avenue. He stated he also
favored having traffic proceed from 76th Street onto Knox Avenue and then to 77th Street
east of I-35W to Penn Avenue, and then across onto the detached frontage road west of
Penn Avenue to Minnesota Avenue in Edina. He stated this could handle the potential
Best Buy traffic. He stated he would like to maintain 77th Street from Penn to Knox as part
of the official map.
Council Meeting Minutes-7-June 12, 2000
Council Member Rosenberg suggested that maintaining 77th Street through the
Best Buy campus be looked at as a possible way to alleviate some of the traffic concerns.
Public Works Director Eastling stated that this may not provide the benefits and the
Best Buy campus proposed layout would not accommodate it.
Council Member Rosenberg stated that Best Buy should look to accommodate the
City to help address the traffic problems and this idea should be considered.
Public Works Director Eastling stated that the grade change of the new interchange
precludes the I-35W to Penn Avenue connection to remain as Mr. Wozniczka stated he
thought the existing lane could remain.
Public Works Director Eastling reviewed the new interchange configuration and
bridges that impact this area.
Barbara Jerich, 6604 Indian Hills Road, Edina, General Counsel for Walser
Automotive, stated that Walser had been aware for some time that the I-494 expansion
would likely take the frontage road, but until recently were not aware of the greater extent
of the impact as shown in the map. She stated there appeared to be inconsistencies from
the maps in the E.A.W. She stated Walser could still reconfigure their operations on the
site if necessary. She suggested this item be deferred until further evaluation.
Public Works Director Eastling noted that the Shops at Lyndale and Meridian
Crossings had been built to accommodate the I-494 expansion plans. He stated that the
specific right-of-way needs and details are identified now that the Lyndale Avenue,
79th/80th Street and Penn Avenue bridge projects are being planned. He indicated
MnDOT is doing the final E.I.S. for the I-494 expansion.
Robert Hall, 7309 Oliver Avenue, questioned why the gas station on the corner of
Penn Avenue and I-494 would be taken if all the land was not needed. He stated concerns
about the impacts on 76th Street, noted that Honeywell connected their buildings with
walkways over the street which maybe Best Buy could do and that traffic calming may
occur if the traffic went down Knox Avenue to 77th Street because of the turns.
Public Works Director Eastling stated that because the portion of the gas station
that would be taken included the pump area it may not be feasible to continue the use and
the grade change in Penn Avenue for the new bridge it also creates an access issue. He
indicated that these issues would be evaluated during the right-of-way negotiations.
Council Member Sandahl stated that the purpose of the official map was to identify
and designate the area that will be needed for the future expansion of I-494 and not to
design the area streets.
M/Susag, S/Rosenberg to close the Public Hearing.
Motion carried 5-0.
Council Meeting Minutes-8-June 12, 2000
M/Susag, S/Sandahl that this constitutes Second Reading of Bill No. 2000-13,
adopting I-494/Penn Official Map as Official Map indicating road design accuracy and
additional right of way identified for future reconstruction of I-494, that it be published in the
official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #6CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
REZONING 1100 EAST 66TH STREET FROM GENERAL COMMERCIAL
TO MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL S. R. NO. 145
Community Development Director Palmborg reviewed Staff Report No. 145
regarding a proposed ordinance amendment to rezone the property at 1100 East 66th
Street from C-2 (general commercial) to MR-2 (medium density multi-family residential).
Council Member Susag requested staff provide the following information to the
Council:
1.Did the City place requirements on Bernie’s Montessori School specific to the C-
2 zoning?
2.List the permitted uses in the C-2 districts and MR-2 districts.
3.Information on the current tax rate for Bernie’s Montessori School.
4.Could this rezoning be considered a “taking” under State law?
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 July 10, 2000
City Council Meeting.
Motion carried 5-0.
Item #7CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT IN
SECTION 1200.03 INCREASING NUMBER OF ON-SALE INTOXICATING
LIQUOR LICENSES AVAILABLE IN CITY OF RICHFIELD FROM SEVEN
TO TWELVE S. R. NO. 146
Public Safety Director Scott reviewed Staff Report No. 146 regarding a proposed
ordinance amendment to increase the number of on-sale intoxicating liquor licenses
available in the City from seven to twelve. He stated that a discussion of the number of
liquor licenses was held at a June 7, 1999 City Council Study Session. He stated it was
the consensus of the City Council that staff would be asked to provide further information
regarding zoning, density and location regulations related to liquor licenses and options
regarding future availability of the number of liquor licenses in the City. The City’s
Planning Commission was forwarded the matter for their review. He stated that in a
Council Meeting Minutes-9-June 12, 2000
September 17, 1999 memorandum to the City Council, a summary of the Planning
Commission’s review of the issues was presented. The Planning Commission reviewed
the issues at two study sessions and offered the following feedback:
x
The Zoning ordinance considers restaurants serving alcohol as conditional uses
and limits their location to collector and arterial streets. Restaurants serving
alcohol cannot be located in the C-1 (neighborhood commercial) district.
x
The existing licensing requirements provide many regulations to monitor and
control the service of alcoholic beverages.
x
Some other cities have additional location requirements for restaurants that
serve alcohol; e.g., they need to be located a certain distance from residential,
schools and churches. The Planning Commission believes that there is no clear
evidence that these distance requirements are necessary or would alleviate any
alcohol-related problems in Richfield.
x
The Planning Commission considered some additional restrictions but decided
that rather than to try to develop generic regulations to fit every situation, it is
better to review each case individually and apply appropriate conditions to each
situation when warranted.
x
It would be appropriate to increase the number of liquor licenses to
accommodate the potential demand for licenses in redeveloped areas. Not
having liquor licenses available could negatively impact the success of
redevelopment projects.
Based on its review, the Planning Commission does not recommend any changes
to the existing ordinance relating to restaurants that serve alcohol. He indicated that last
year when discussion was initiated, it was anticipated that CSM’s development for the
Interchange West would proceed with a hotel and several restaurants. Therefore, that is
why Interchange West had been mentioned as a possible area that may need licenses.
Council Member Susag asked if it would be permissible to change the proposed
number prior to final adoption.
City Attorney Thomson stated that the City Council could raise or lower the
proposed number.
Council Member Susag stated he would move to change the proposed number from
7 to 18 in the ordinance amendment. He stated setting it at the statutory limit could be an
advantage and that the City Council would still have to approve each license on an
individual basis.
Larry Wozniczka, 6744 Wentworth Avenue, stated he favored leaving the ordinance
as is and evaluate changing the number of licenses in the ordinance each time there is a
license to consider.
George Holter, 6424 Emerson Avenue, spoke in opposition to increasing the
number of liquor licenses and in favor of eliminating liquor in the City.
Council Meeting Minutes-10-June 12, 2000
M/Susag, S/Kirsch that the number of licenses proposed in the ordinance
amendment be 18; and that this constitutes the First Reading of this ordinance; and the
Public Hearing and Second Reading of the ordinance be scheduled for the July 10, 2000
City Council Meeting.
Motion carried 3-2. (Rosenberg and Sandahl opposed.)
Item #8CONSIDERATION OF PETITION REQUESTING CITY COUNCIL
RECONSIDER ITS PREVIOUS POSITION OF BUILDING 20-FOOT HIGH
WALL ON WEST SIDE OF I-35W FROM 73RD STREET TO 68TH STREET
S. R. NO. 147
Public Works Director Eastling reviewed Staff Report No. 147 regarding a petition
requesting that the City Council reconsider its position requiring MnDOT build a 20 foot
high noise wall on the west side of I-35W from 73rd Street to 68th Street. He stated the
petition is in response to a letter from MnDOT stating they had made a mistake in the
height of the noise walls and they were actually installed at heights ranging from 15.5 feet
to 19.5 feet. He stated MnDOT is requesting City Council acceptance of the wall at a
reduced height or MnDOT will correct the mistake. He answered questions regarding the
height, costs and impacts related to this noise wall issue.
William Boe, 6929 Irving Avenue, spoke in support of maintaining the original 20-
foot height of the noise wall. He stated allowing a lower wall would have noise impacts.
He stated MnDOT has said they will correct their mistake at no cost to the City.
Bryan McKamey, 6820 Humboldt Avenue, stated that this issue had previously
been debated and voted on to provide the maximum noise abatement. He asked that this
decision not be reconsidered.
Greg Goedde, 7020 Lake Shore Drive, stated he felt this was an opportunity to save
taxpayers dollars by allowing completion of the noise wall as it is currently being built. He
stated he had received signatures of 28 homeowners who supported leaving the wall at
the shorter height. He stated it would still be effective as a noise wall and save money.
Lori Romero, 7038 Irving Avenue, urged the City Council not to reconsider this
issue.
Council Member Rosenberg stated her disappointment in MnDOT’s mistake and
having to bring up this issue again.
Council Member Sandahl stated the City residents should not suffer because of
MnDOT’s mistake and should be protected from freeway noise.
Council Meeting Minutes-11-June 12, 2000
M/Rosenberg, S/Sandahl to deny the request to reconsider the City Council’s
previous position of requiring a 20 foot high noise wall on the west side of I-35W from 73rd
Street to 68th Street.
Motion carried 4-1. (Susag opposed.)
Council Member Susag stated he opposed the motion because he felt the noise
difference would not be perceptible.
Item #9CONSIDERATION OF ACCEPTANCE OF COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR CITY FOR YEAR ENDED DECEMBER 31, 1999
S. R. NO. 148
Finance Manager Regis reviewed Staff Report No. 148 regarding presentation of
the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal year
ending December 31, 1999.
M/Kirsch, S/Stokes to accept the Comprehensive Annual Financial Report of the
City for the year ended December 31, 1999.
Motion carried 5-0.
Item #10CONSIDERATION UPDATE ON 66TH STREET ENTRANCE RAMP TO
SOUTHBOUND HIGHWAY 77
Public Works Director Eastling presented a report on the status of the schedule for
the construction of the 66th Street entrance ramp to southbound Highway 77 and
answered questions regarding the interchange reconstruction.
Item #11SUMMARY REPORT ON 2000 LEGISLATIVE INITIATIVES AND POLICIES
S. R. NO. 149
City Manager Orduno reviewed Staff Report No. 149 presenting a summary report
of 2000 Legislative Action of the City of Richfield’s Legislative Initiatives and Policies.
Council Member Susag discussed a Kennedy & Graven legislative review he
attended on June 2.
Council Meeting Minutes-12-June 12, 2000
Item #12AIRPORT STATUS REPORT
City Manager Orduno stated that the staff will provide the City Council with options
regarding the decision on how to spend the $5 million provided by the legislature for airport
noise mitigation on June 29.
Item #13COUNCIL DISCUSSION ITEMS
Council Member Susag invited the public to the June 14 Augsburg Park Friends of
Library Book Sale.
Item #13CLAIMS AND PAYROLL
M/Rosenberg, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 95249 – 95273; 95274 - 95292$75,001.94
H/C97969 - 98375$1,256,871.79
PAYROLL19459 – 19644; 19648 - 19841$906,562.74
TOTAL$2,238,436.47
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:10 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Thomas P. FerberSamantha Orduno
City ClerkCity Manager