07-24-00 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 24, 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; Susan Rosenberg; Russ Susag; Sue Sandahl;
and Kristal Stokes.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; Jim Topitzhofer, Recreation
Services Director; Tom Foley, Transportation Engineer; and Corrine
Thomson, City Attorney.
APPROVAL OF MINUTES
M/Rosenberg, S/Stokes to approve the minutes of the (1) Special City Council
Study Session of July 10, 2000; and (2) Regular City Council Meeting of July 10, 2000.
Motion carried 5-0.
Council Meeting Minutes-2-July 24, 2000
Item #1OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Connie McDonald, 6400 15th Avenue, stated she had attended the STARR Group
Meeting last week and asked why the east side of the 6800 block of Cedar Avenue is not
included in the homes identified for a buyout under the $5 million grant for Airport
Mitigation. She stated that area is in the 87dB area and is suffering from additional noise
from the construction traffic.
City Manager Orduno reviewed the implementation plan policies approved by the
City Council for spending of the $5 million grant which include concentrating acquisition
activities in the area of the City north of 66th Street which is within the 87dB area most
affected by the low frequency noise and closest to the runway.
Deb Nordmarken, 6933 Sheridan Avenue, spoke in opposition to the Best Buy
project. She suggested residents write to Ted Mondale at the Metropolitan Council to let
him know their concerns about the Best Buy project. She discussed concerns about traffic
and the impact from the Best Buy project.
Dennis Manson, 6901 Park Avenue, asked for clarification regarding communication
to residents in the airport impact area regarding implementation of the mitigation grant.
City Manager Orduno explained that the residents on the 6800 block of Cedar
Avenue were informed of the policies, but had desired to be included in the first buyout.
George Holter, 6424 Emerson Avenue, discussed concerns and opposition to the
Best Buy project, government subsidizing businesses and tax increment financing.
Dr. Ralph Weichselbaum, Animal Care Clinic, 6521 Cedar Avenue, discussed
concerns relating to license approval and inspection delay issues that occurred in 1998
when he remodeled his building. He discussed concerns related to timing, communication
and the appraisal process regarding the relocation of the business due to the 66th
Street/Highway 77 project. He requested assistance from the City Council with the
following:
x
Timely approval for medical equipment from the Nuclear Regulatory Agency
(NRC)
x
Assurance that building inspections occur in a timely manner so as not to delay
the relocation and NRC approval
x
Expedite approval of the Commercial Kennel License
Discussion followed regarding the kennel license approval process and inspection
issues. City Manager Orduno asked Dr. Weichselbaum to contact her and the City would
work with him to address these issues.
Paul Nelson, 6633 16th Avenue, complimented Council Member Rosenberg for her
attendance at airport related meetings.
Council Meeting Minutes-3-July 24, 2000
Robert Hall, 7309 Oliver Avenue, presented a copy of an ordinance publication
related to the approval of a change in the number of liquor licenses in the City pointing out
an error in the publication regarding the number.
Council Member Susag stated that the original staff proposal was to increase the
number from seven to twelve. He stated he had asked for consideration of 18 for the
second reading of the ordinance since this was the statutory limit. He stated the Council
approved an increase from seven to ten licenses.
City Attorney Thomson stated it appeared the Sun-Current Newspaper had omitted
the strike out in the old language (seven) and underlining the new language (ten). She
stated the newspaper should reprint it at no cost to the City.
Mr. Hall stated that staff should have caught this error along with similar errors such
as the location of a backstop and sod at Donaldson Park and MnDOT sound wall posts on
I-35W. He stated that the Council are servants of the people and should treat residents
better. He discussed concerns related to tree roots lifting up sidewalk panels and causing
safety concerns for children along with unsatisfactory sidewalk repair. He stated it would
be better to remove the tree. He discussed disappointment about recent Council
discussion about redevelopment and not changing the 350-foot notification rule. He
discussed concern that the 77th Street option was not included in the Best Buy scoping
document. He questioned Council Member Susag’s comments at a previous meeting
regarding traffic and development.
Deb Nordmarken, 6933 Sheridan Avenue, read the minutes related to Council
Member Susag’s comments.
Council Member Susag discussed his comments and their context to the Bernie’s
Montessori issue at that meeting referenced by Mr. Hall.
Council Member Rosenberg asked City Attorney Thomson to review the referendum
process in response to resident questions.
City Attorney Thomson stated Council Member Rosenberg stated that she had
received a number of questions from residents regarding the use of referendum and asked
the City Attorney to provide an overview of the use of referendum. City Attorney Thomson
stated that the City Council does not have the legal authority to submit issues to voters at
an election, except as authorized by state law. State law allows cities to adopt charters
and to provide for referendum in a City Charter. The Richfield City Charter contains a
referendum provision. In general, referendum is a process used to overturn an ordinance
adopted by the City Council. The Charter contains specific requirements regarding the
time for submitting a referendum petition, the number of signatures required and the form
of the petition. If all of the requirements in the Charter are met, and if the matter is
appropriate for a referendum, the voters would have the opportunity to vote on the
referendum. The City Attorney cautioned that even where a referendum petition complies
with the Charter requirements, the referendum may not be submitted to the voters if it is a
subject matter that is inappropriate for referendum. The City Attorney stated that the only
matters that are appropriate subjects of referendum are legislative acts of the Council, and
that the use of referendum is also inappropriate if it would conflict with state laws or the
Constitution.
Council Meeting Minutes-4-July 24, 2000
Item #2 COUNCIL APPROVAL OF AGENDA
M/Rosenberg, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A.Approved resolution authorizing donation of used computer equipment to Independent
School District #280 S.R. No. 176
RESOLUTION NO. 8902
RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT
TO INDEPENDENT SCHOOL DISTRICT #280
This resolution appears as Resolution No. 8902 in Resolution Book No. 71.
B.Removed from the Consent Calendar and placed on the regular agenda for consideration
as Item #4A.
C.Approved resolution establishing just compensation and authorizing purchase of
properties for 66th Street/TH 77 Interchange Project S.R. No. 178
RESOLUTION NO. 8903
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT 6333, 6409-17, 6421, 6425, 6509,
6529 CEDAR AVENUE; 1820 AND 1800 EAST 66TH STREET; AND 1714 EAST 66TH
STREET; (66TH STREET / TH 77 INTERCHANGE PROJECT)
This resolution appears as Resolution No. 8903 in Resolution Book No. 71.
D.Approved on-sale 3.2 percent malt liquor, itinerant place of amusement and itinerant food
licenses with fees waived for Church of the Assumption, 305 East 77th Street, for annual
Fun Fest on August 13, 2000 S.R. No. 179
E.Approved itinerant place of amusement license with fee waived for annual Fall Festival at
Church of St. Peter, 6730 Nicollet Avenue, on October 1, 2000 S.R. No. 180
F.Approved renewal of residential kennel license for 6800 Cedar Avenue; three dogs S.R.
No. 181
Council Member Stokes requested that Item #3B be removed from the Consent
Calendar for consideration.
Council Meeting Minutes-5-July 24, 2000
Mayor Kirsch stated that Item #3B would be removed from the Consent Calendar
and placed on the regular agenda as Item #4A.
M/Stokes, S/Susag to approve the consent calendar as amended.
Motion carried 5-0.
Item #4PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF 5,400 SQUARE FOOT CLUBHOUSE FACILITY AND
OTHER SITE IMPROVEMENTS AT 900-1000 EAST 78TH STREET AND
901-1001 EAST 77TH STREET (FORMERLY HERITAGE SQUARE
APARTMENTS) S. R. NO. 182
Community Development Director Palmborg reviewed Staff Report No. 182
regarding a request from Village Green Companies for a conditional use permit to allow
construction of a 5,400 square foot clubhouse facility and other site improvements at 900-
1000 East 78th Street and 901-1001 East 77th Street.
Brad Froling, representative of Village Green Companies, spoke in support of the
conditional use permit and reviewed the proposed renovations to the properties. He stated
they will continue to participate in the human service initiatives for children and related
programs.
Todd Koshenina, 734 East 78th Street Apt. 105, discussed concerns regarding
maintenance issues that had not been addressed by the previous owners.
Mr. Froling responded that these maintenance issues will be addressed by Village
Green Companies.
Connie McDonald, 6400 15th Avenue, stated concern about the costs of the
renovations affecting affordable housing and impacting unit rents.
Mr. Froling discussed communications with residents, phasing of rent increases and
price structures that provided a break to long term tenants.
M/Susag, S/Stokes to close the Public Hearing.
Motion carried 5-0.
M/Susag, S/Stokes to approve a conditional use permit to allow construction of a
5,400 square foot clubhouse facility and other site improvements as described in the staff
report at 900-1000 East 78th Street and 901-1001 East 77th Street (formerly Heritage
Square Apartments) with the following stipulations:
1.That the clubhouse parking lot be redesigned to provide a longer entrance area
and that the final design be approved by the Public Works Director.
Council Meeting Minutes-6-July 24, 2000
2.That a storm water management plan be approved by Public Works Director.
3.That a sediment and erosion control plan be approved by the Public Works
Director.
4.That a final landscape plan be submitted and approved by the Community
Development Director.
Motion carried 5-0.
Item #4ACONSIDERATION OF AN AMENDMENT TO AN OFF-STREET PARKING
PERMIT FOR 7720-7740 4TH AVENUE (FORMERLY THE CRESTWOOD
APARTMENTS). S. R. NO. 177
Community Development Director Palmborg reviewed Staff Report No. 177
regarding the proposed amendment to the Off-Street Parking Permit for 7720-7740 Fourth
Avenue related to the site improvements at the Crestwood Apartments. He indicated this
action would update the Off-Street Parking Permit for this property which was originally
granted in 1966.
M/Stokes, S/Sandahl to approve an amendment to the Off-Street Parking Permit for
7720-7740 4th Avenue (formerly the Crestwood Apartments) to allow site improvements as
described in Staff Report No. 177.
Motion carried 5-0.
Item #5PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF THREE GARAGE STRUCTURES AND OTHER SITE
IMPROVEMENTS AT 620-734 EAST 78TH STREET AND 701-735 EAST
77TH STREET (FORMERLY HAMPTON PLACE APARTMENTS) S. R. NO.
183
Community Development Director Palmborg reviewed Staff Report No. 183
regarding a request from Village Green Companies for a conditional use permit to allow
construction of three garage structures and other site improvements at 620-734 East 78th
Street and 701-735 East 77th Street.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes-7-July 24, 2000
M/Stokes, S/Susag to approve a conditional use permit to allow construction of
three garage structures and other site improvements, as described in the staff report, at
620-734 East 78th Street and 701-735 East 77th Street (formerly the Hampton Place
Apartments) with the following stipulations:
1.That a storm water management plan be approved by Public Works Director.
2.That a sediment and erosion control plan be approved by the Public Works
Director.
3.That a final landscape plan be submitted and approved by the Community
development Director.
Motion carried 5-0.
Item #6PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE AUTHORIZING SALE OF 6309-18TH AVENUE TO TIME
WARNER FOR CONSTRUCTION OF CABLE TV SWITCH STATION
S. R. No. 184
Community Development Director Palmborg reviewed Staff Report No. 184
regarding a proposed transitory ordinance authorizing the sale of 6309 18th Avenue to
Time Warner for construction of a cable TV switch station.
Mayor Kirsch asked if building on this lot would impact future redevelopment of the
area.
Community Development Director Palmborg indicated it should be compatible with
future development.
Council Member Stokes asked about storm water runoff issues related to this lot.
Community Development Director Palmborg stated that the Public Works
Department wants to make sure that the lot retains as much storm water capacity as
already exists on the lot.
Council Member Susag discussed concerns and questions regarding storm water
retention on this lot once a building is on it.
M/Susag, S/Stokes to close the Public Hearing.
Motion carried 5-0.
M/Susag, S/Stokes that this constitutes the Second Reading of Bill No. 2000-16,
Transitory Ordinance No. 17.98 authorizing the sale of 6309 18th Avenue, that it be
published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes-8-July 24, 2000
Item #7CONSIDERATION OF INITIATING COMMUNITY-WIDE STRATEGIC
VISIONING PROCESS S. R. NO. 185
City Manager Orduno reviewed Staff Report No. 185 regarding consideration of
initiating a community-wide visioning process.
Discussion followed regarding the creation of the Initiating Committee and
membership.
Council Member Susag stated the Human Rights Commission should have
representation on the committee.
Council Member Rosenberg discussed the need for a full description in publication
and marketing materials.
Dennis W. Manson, 6901 Park Avenue, asked if this process had a connection to
Richfield Visions.
City Manager Orduno stated that this process would build from the foundation of
Richfield Visions and expand the community-wide strategic visioning process.
Mr. Manson suggested that the City Council candidates should express their vision
for Richfield.
M/Kirsch, S/Stokes to formally declare that the City Council does hereby authorize
and direct the City Manager to commence the community-wide strategic visioning process
as outlined in the attached staff report (dated June 29, 2000); and that the first action is to
hereby authorize the establishment of an Initiating Committee to be facilitated by Council
Member Sandahl.
Motion carried 5-0.
Item #8REPORT ON METROPOLITAN AIRPORT COMMISSION’S TUNNEL
CONSTRUCTION PROJECT S. R. NO. 186
Transportation Engineer Foley reviewed Staff Report No. 186 regarding the
Metropolitan Airports Commission proposal to build a tunnel under the new North-South
Runway to provide access to the airport infield to serve new air cargo facilities. He stated
the MAC is proposing two methods to reduce the effects of pumping groundwater for this
project:
1.Sheet piling around the tunnel area; or
2.Soil freezing around the tunnel area
Council Meeting Minutes-9-July 24, 2000
He stated the MAC is preparing a monitoring and mitigation plan which provides for
monitoring wells at nearby lakes including Legion Lake and Mother’s Lake in Richfield.
Council Member Susag discussed technical issues relating to water table impacts
on lakes and mitigating measures.
Item #12AIRPORT STATUS REPORT
Council Member Stokes gave a presentation regarding her attendance at the
N.O.I.S.E. Conference discussing the following:
x
Presentation regarding Richfield/MAC airport noise issues
x
FAA Stage 4 certification of standards within a year
x
Future small aircraft transportation system
x
Focus on cooperation and consensus communities/airports
x
Night time tour of UPS facility
x
Visit to community where a buyout is occurring and moving total community of
1700 to new homes 11 miles away
x
Part 161 Sound Attenuation Program
x
Potential noise cancellation concept
x
Richfield MSP Partnership film
Mayor Kirsch reviewed the recent Isaiah meeting regarding the status of the Low
Frequency Noise Policy Committee Report.
City Manager Orduno reviewed the schedule for F.A.A. development of low
frequency noise standards.
Item #10HOUSING AND REDEVELOPMENT AUTHORITY REPORT
City Manager Orduno summarized the actions taken by the HRA at their July 17,
2000 meeting including the following:
x
Approved Redevelopment Contract with the Gramercy Corporation for the City
Bella Project
x
Approved a resolution regarding eminent domain proceedings to acquire certain
properties in the Interchange West Area
x
Approved a resolution consenting to a time extension to request eminent domain
proceedings within the Interchange West Area.
Council Meeting Minutes-10-July 24, 2000
Item #11COUNCIL DISCUSSION ITEMS
Council Member Rosenberg stated concerns about the traffic issues related to 69th
Street, 70th Street and 70 ½ Street west of Penn Avenue. She requested City Council
consensus to direct City staff to establish a neighborhood task force to work with staff to
address these traffic issues. The consensus of the Council was to proceed and City
Manager Orduno stated this would be done.
Council Member Susag discussed issues related to whether there is a process in
City Commission bylaws for the removal of a commission member other than for non-
attendance. He discussed a situation within the Human Rights Commission and member
behavior which may be disruptive to the Commission. He stated that with the consensus
support of the City Council, he would talk to the member to try commit them to working
together with the Commission as more of a team member or suggest they resign if they
cannot.
Discussion followed regarding bylaw provisions for a removal process and
reviewing all commission bylaws.
City Attorney Thomson read a citation from City Code Chapter 305.01 sub. 4
relating to removal of a Human Rights Commission member by the City Council.
Council Member Susag suggested that City Commissions be given guidance on
how to address these issues.
City Manager Orduno stated this issue would be reviewed and scheduled for a
Study Session.
Item #14CLAIMS AND PAYROLL
M/Rosenberg, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 98425 – 98441$82,706.11
H/C99231 - 99602$1,021,585.11
PAYROLL20391 – 20403; 20502 - 20769$540,794.40
TOTAL$1,645,085.62
Motion carried 5-0.
Council Meeting Minutes-11-July 24, 2000
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:35 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Thomas P. FerberSamantha Orduno
City ClerkCity Manager