11-13-00 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 13, 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; and Russ Susag.
Members
Not Present:Kristal Stokes and Sue Sandahl.
M/Susag, S/Rosenberg to determine the absence of Council Member Sandahl as
an excused absence for the November 13, 2000 Special Study Session; the November 13,
2000 Regular City Council Meeting; and the November 13, 2000 Closed Executive
Session.
Motion carried 3-0.
M/Susag, S/Rosenberg to determine the absence of Council Member Stokes as an
excused absence for the November 13, 2000 Special Study Session; the November 13,
2000 Regular City Council Meeting; and the November 13, 2000 Closed Executive
Session.
Motion carried 3-0.
Council Meeting Minutes-2-November 13, 2000
Staff Present:Steven L. Devich, Acting City Manager; Deborah Guiher, Deputy
City Clerk; Bruce Palmborg, Community Development Director; Mike
Eastling, Public Works Director; and Corrine Thomson, City
Attorney.
APPROVAL OF MINUTES
M/Susag, S/Rosenberg to approve the minutes of the Regular City Council Meeting
of October 23, 2000.
Motion carried 3-0.
Item #1PRESENTATION OF PROCLAMATION DESIGNATING AMERICAN
EDUCATION WEEK, NOVEMBER 12-18, 2000
Council Member Rosenberg presented a proclamation designating American
Education Week, November 12-18, 2000 to Representatives of the American Legion.
Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Deb Nordmarken, 6933 Sheridan Avenue, congratulated Susan Rosenberg on her
re-election to the City Council. She asked that the Council Members get back to the
regular people and ask them how they feel about the Best Buy project.
Betty Gustafson, 7327 Thomas Avenue, stated her opposition to the Best Buy
project.
Gordon Anderson, 7501 Elliot Avenue, presented a Richfield newspaper from
December 7, 1950, at which time the City adopted Optional Plan B that allowed the hiring
of a City Manager. He hopes this important event is celebrated by the community.
George Tellgren, 6937 Upton Avenue, responded to the survey that was published
in the Richfield Sun Current newspaper. He stated that only 450 residents participated in
the survey and 60% of them were not in favor of the Best Buy Project. There is just too
much biased information being given to residents. Not every issue needs to be on a
referendum. We wouldn’t have the Hub, the water system that we do, the sewer system,
or the streets we have if it wasn’t for the previous Council making these tough decisions.
Council Meeting Minutes-3-November 13, 2000
Paul Nelson, 6633 16th Avenue, stated that he feels the Best Buy issue should be
put on a ballot for the people to vote.
Carl Cornell, 6615 Lakeshore Drive, questioned if City Bella was on the agenda for
tonight’s meeting.
Council Member Susag explained that items 11 and 12 involved City Bella.
However, these were only first readings and the public hearings would be held on
December 11, 2000.
Dewayne Sietsema, 6724 Vincent Avenue, questioned whether a study has been
done to see how many cars are traveling on 76th Street and Penn Avenue. There is so
much traffic congestion cars have no place to go. If the ramp lights are turned back on,
traffic will once again back up. Why can’t I-494 be repaired first, and then move on to the
Best Buy issue?
Mayor Kirsch responded that a study has been done and that the Environmental
Impact Statement will address these issues.
Myrle Richter, 7615 Dupont Avenue, stated that the Best Buy project is too large for
the area. The City is not attracting people to buy homes, they are chasing people out by
removing homes. She stated the Best Buy project should be on a referendum.
Robert Hall, 7309 Oliver Avenue, stated his concerns about the following items:
x
Updating of the City Web Page.
x
Are Council Members seeing the “Your City” before it is published?
x
How much money from the Best Buy property tax comes back to the annual
budget, not to TIF?
x
What is the criteria for a blighted home?
x
Questioning whether Oliver Avenue is being vacated or just being blocked off of
Penn Avenue.
x
Is material being verified before it is sent to the residents?
Acting City Manager Devich responded that each person writing an article for “Your
City” sees it before the final printing, as well as the City Manager and the Administrative
Assistant.
City Attorney Thompson explained to Mr. Hall that vacated means the City no
longer has the right to use the street and it returns to private ownership.
Community Development Director Palmborg explained that all tax jurisdictions
would continue to receive tax revenue from the tax base value. The $700,000 revenue
coming out of the area now will continue to be received by all tax jurisdictions. Best Buy
will be responsible for this amount annually.
Council Meeting Minutes-4-November 13, 2000
Item #3 COUNCIL APPROVAL OF AGENDA
Council Member Susag requested that Consent Calendar Item 5H be removed from
the Consent Calendar for consideration.
Mayor Kirsch stated that Consent Calendar Item 5H would be placed on the regular
agenda as Item 12A.
M/Susag, S/Rosenberg to approve the agenda as amended.
Motion carried 3-0.
Item #4 CITY MANAGER REPORT
Deferred until City Manager is present.
Item #5 CONSENT CALENDAR
A.Approved resolution approving November 13, 2000 amendment to Flexible Spending
Account Plan S.R. No. 275
RESOLUTION NO. 8954
NOVEMBER 13, 2000 AMENDMENT TO THE
FLEXIBLE SPENDING ACCOUNT PLAN
This resolution appears as Resolution No. 8954 in Resolution Book No. 71.
B.Approved resolution designating City’s 2001 contribution toward health, term life and
dental insurance premiums for General Services and Management employees S.R.
No. 276
RESOLUTION NO. 8955
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. 8955 in Resolution Book No. 71.
Council Meeting Minutes-5-November 13, 2000
C.Approved award of contract to Rehbein Inc. for lime by-product disposal in amount of
$95,850 for 2001 and 2002 with option to renew for another two years S.R. No. 277
D.Approved resolution amending I-35W Solutions Alliance Joint Powers Agreement
S.R No. 278
RESOLUTION NO. 8956
RESOLUTION TO AMEND JOINT POWERS AGREEMENT
OF THE I-35W SOLUTIONS ALLIANCE
This resolution appears as Resolution No. 8956 in Resolution Book No. 71.
E.Approved resolution establishing just compensation and authorizing purchase of
6338-18th Avenue S.R. No. 279
RESOLUTION NO. 8957
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT
6338-18th AVENUE SOUTH
This resolution appears as Resolution No. 8957 in Resolution Book No. 71.
F.Approved consultant agreement/work order for additional final design and
coordination services related to Lyndale Avenue reconstruction between 77th Street
and 76th Street S.R. No. 280
G.Approved resolution authorizing continued participation for 2001 in Local Housing
Incentives Account Program under Metropolitan Council’s Livable Communities Act
S.R. No. 281
RESOLUTION NO. 8958
RESOLUTION ELECTING CONTINUED PARTICIPATION
IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 2001
This resolution appears as Resolution No. 8958 in Resolution Book No. 71.
H.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 12A.
I.Approved setting December 11, 2000 for public hearing for 2001 renewal of on-sale
wine and on-sale 3.2 percent malt liquor licenses for: Thompson’s Fireside Pizza,
Red Pepper Chinese Restaurant, Ketsana’s Thai Restaurant, and The Frenchmans
S.R. No. 283
Council Meeting Minutes-6-November 13, 2000
J.Approved setting December 11, 2000 for public hearing for 2001 renewal of
pawnbroker and secondhand goods dealer licenses for: Metro Pawn and Gun, Inc.
and Plaza Pawn S.R. No. 284
Mayor Kirsch stated that Consent Calendar Item 5H has been removed from the
Consent Calendar and placed on the regular agenda as Item 12A.
M/Rosenberg, S/Susag to approve the consent calendar as amended.
Motion carried 3-0.
Item #6CONTINUE PUBLIC HEARING AND SECOND READING TO NOVEMBER
27, 2000 OF TRANSITORY ORDINANCE ADOPTING CITY’S
COMPREHENSIVE PLAN WITH AMENDMENT TO GUIDE PLAN AND
CHANGING DESIGNATION OF PROPERTY IN INTERCHANGE WEST
AREA FROM HIGH DENSITY SINGLE FAMILY RESIDENTIAL AND
NEIGHBORHOOD COMMERCIAL TO REGIONAL COMMERCIAL/OFFICE
S. R. NO. 285
Community Development Director Palmborg requested this Public Hearing and
Second Reading be continued to November 27. He explained that the Richfield Sun
Current newspaper printed the legal notice in the Edina paper in error, therefore proper
notification to Richfield residents was not made.
M/Susag, S/Rosenberg to continue the public hearing and second reading to
November 27, 2000 of transitory ordinance adopting City’s Comprehensive Plan with
amendment to Guide Plan and changing designation of property in interchange west area
from high density single family residential and neighborhood commercial to regional
commercial/office.
Motion carried 3-0.
Item #7CONTINUE PUBLIC HEARING TO NOVEMBER 27, 2000 FOR APPROVAL
OF RESOLUTION MODIFYING REDEVELOPMENT PLAN FOR RICHFIELD
REDEVELOPMENT PROJECT AREA AND MODIFYING GRAMERCY TAX
INCREMENT FINANCING PLAN, URBAN VILLAGE TAX INCREMENT
FINANCING PLAN, RICHFIELD REDISCOVERED 1999 TAX INCREMENT
FINANCING PLAN, A-5 TAX INCREMENT FINANCING PLAN AND B-5
TAX INCREMENT FINANCING PLAN S.R. NO. 286
Community Development Director Palmborg requested this Public Hearing be
continued to November 27. He explained that the Richfield Sun newspaper printed the
Council Meeting Minutes-7-November 13, 2000
legal notice in the Edina paper in error, therefore proper notification to Richfield residents
was not made.
M/Susag, S/Rosenberg to continue the public hearing to November 27, 2000 for
approval of resolution modifying redevelopment plan for Richfield Redevelopment Project
Area and modifying Gramercy Tax Increment Financing Plan, Urban Village Tax Increment
Financing Plan, Richfield Rediscovered 1999 Tax Increment Financing Plan, A-5 Tax
Increment Financing Plan and B-5 Tax Increment Financing Plan.
Motion carried 3-0.
Item #8PUBLIC HEARING AND TABLE TO DECEMBER 11, 2000 SECOND
READING APPROVAL OF TRANSITORY ORDINANCE RELATING TO
PROPOSED IMPROVEMENTS AND STUDIES IN 2001 FOR POSSIBLE
FUTURE CAPITAL IMPROVEMENTS IN CITY OF RICHFIELD S.R. NO. 287
Public Works Director Eastling reviewed Staff Report No. 287 regarding conducting
and closing the public hearing and tabling to December 11, 2000 Second Reading
approval of transitory ordinance relating to proposed improvements and studies in 2001 for
possible future capital improvements in Richfield.
Larry Wozniczka, 6744 Wentworth Avenue, stated that this hearing should be
handled like any other public hearing. Each item listed in Exhibit A should be brought
individually before the City Council. He also commented on the following:
x
The City Maintenance Facility is centrally located and should remain where it is.
x
The airport service pipe should be paid for by MAC not residents through user
fees.
x
The Richfield Lake Area Stormwater Retention Pond should be paid for by
MnDOT not residents through user fees. The State should pay this since they
are doing the improvement to the highway.
x
Underground utilities should not be paid by residents through higher electric
bills. The City should use money from the liquor stores special revenue profits.
This is an improvement to the park.
Public Works Director Eastling stated that a lot of detail for individual issues has not
yet been prepared. This is just an attempt to give Richfield residents an advance look at
what is being proposed in the 2001 Capital Improvement projects and also give them a
chance for early input.
City Attorney Thomson stated that Section 8.04 of the City Charter does not apply
to the projects identified in Exhibit B. Staff proposed to hold meetings early for input
because some Charter Commission members felt this would be best. She stated that the
Charter only requires one public hearing. The City Council can hold more if they choose
to. A hearing must be held before the Council commits to any contract that is in excess of
either the $75,000 or $500,000 limits identified in the Charter.
Council Meeting Minutes-8-November 13, 2000
Jan Anderson, 6744 Pleasant Avenue, stated that more information should have
been put in the “Your City” or the Richfield Sun Current newspaper regarding the 2001
Capital Improvement Project. A legal notice wasn’t enough. She also questioned the
amount of money being approved for the Maintenance Facility.
Public Works Director Eastling explained that the beginning of the project could start
at the end of this year. The $1,000,000 includes layout, study and if land is available, it
could include some site work. The hearing is for the start of the project. He also stated
that the Planning Commission has held public hearings and the Community Service
Commission has also held public meetings regarding the Capital Improvement Projects.
Members of the Planning Commission and Community Services Commission did a study
on various sites for a Maintenance Facility along with the pluses and minuses.
Eastling stated that MnDOT is paying for most of the Richfield Lake Area
Stormwater Retention Pond project. A user fee would be used if additional work was
needed that would benefit Richfield residents.
The City would recover its money quickly on the airport service pipe. The primary
use of the water pipe would be by MAC.
John Enger, 7328 Bloomington Avenue, commented on the following:
x
The City Maintenance Facility is centrally located and should remain where it is.
Why doesn’t the City buy the two homes that are remaining in that area and
expand?
x
Don’t sell 320 million gallons of City water a year to the airport.
x
The State of Minnesota should pay all the fees in the Richfield Lake Area
Stormwater Retention Pond project.
x
Monroe/Fairwood Parks need only one shelter between them and has questions
regarding an ice rink.
x
Augsburg Park could use another park shelter. The picnic tables also need to
be replaced.
x
Parking conditions at the Community Center could be improved. By removing
two trees, 24 parking spaces could become available; and if four trees were
removed, 48 parking spaces would be available.
x
Is the money for widening 76th Street from Penn Avenue to I-35W the State Aid
money that was earmarked from east 76th Street?
x
At Veterans Memorial Park why can’t the sidewalks be placed on the north side
of the trees so walkers can go more through a park area?
x
Questioning the cost of the Water Plant parking lot work.
x
A map showing the Penn Avenue bridge and how it will work with I-494 and the
I-35W interchange with fly over north on I-35W to west on I-494 would be
helpful.
Heidi Gaibor, 6915 Wentworth Avenue, questioned if the City can supply this
amount of water annually to the airport. Also, if MnDOT is paying $800,000 for the
Richfield Lake Area Stormwater Retention Pond, why is it in the City’s Capital
Improvement Budget?
Council Meeting Minutes-9-November 13, 2000
Public Works Director Eastling responded that the water is being replenished daily.
Also the City will control the funds for the stormwater retention pond which makes it
necessary to be in the budget process. Mr. Eastling also explained that minor capital
projects under $10,000 aren’t included or listed in the Capital Improvement Budget.
Robert Hall, 7309 Oliver Avenue, stated that no detail was given in “Your City”
regarding the Capital Improvement Budget. No dollar amounts where given, no pros and
cons and no information as to the needs of the City for these items.
Gordon Anderson, 7501 Elliot Avenue, stated there wasn’t enough publicity for
tonight’s open house, and it was limited in detail. The City needs to provide more
information to its residents.
Public Works Director Eastling explained that this is just an overview work plan
being presented to the City. Nothing is final.
Roger Johnson, 7045 Bloomington Avenue, questioned why the City would give
water to the MAC when they have not been cooperative to the City. Will the City run out of
water? MnDot should be responsible for payment of the stormwater retention pond. The
City needs to start playing hard ball.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 3-0.
M/Susag, S/Rosenberg that this be tabled to the December 11, 2000 for approval of
a transitory ordinance to authorize in 2001, recreation and open space capital
improvements, right-of-way improvements, public facility capital improvements and studies
for possible future capital improvements.
Motion carried 3-0.
M/Susag, S/Kirsch that the Council hold an individual public hearing prior to the
expenditure of funds to projects that are applicable to section 8.04 of the City Charter.
Motion carried 3-0.
Item #9CONSIDERATION OF RESOLUTION DETERMINING RESULTS OF CITY
GENERAL ELECTION ON TUESDAY, NOVEMBER 7, 2000 S.R. NO. 288
Acting City Manager Devich reviewed Staff Report No. 288 regarding consideration
of a resolution determining results of the City General Election on Tuesday, November 7,
2000.
IT Manager Sally Morton, an Election Official, stated that write in votes for ward 1
should read 34 not 24 and the total number of voters should be 17,899. Three voters
Council Meeting Minutes-10-November 13, 2000
could only vote on the Federal ballot and not vote for City or State officials, which changed
the total number of voters.
M/Susag, S/Kirsch 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. 8959
RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY
OF RICHFIELD HELD ON TUESDAY, NOVEMBER 7, 2000
This resolution appears as Resolution No. 8959 in Resolution Book No. 71.
Motion carried 3-0.
Item #10CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
VACATING RIGHT-OF-WAY IN BEST BUY CAMPUS PROJECT AREA
S.R. NO. 289
Community Development Director Palmborg reviewed Staff Report No. 289
regarding consideration of a first reading of a transitory ordinance vacating right-of-way in
Best Buy Campus Project.
M/Susag, S/Rosenberg that this constitutes the First Reading of this ordinance; and
the Public Hearing and Second Reading of the ordinance be scheduled for the December
11, 2000 City Council Meeting.
Motion carried 3-0.
Item #11CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
REZONING LAND LOCATED IN SOUTHWEST QUADRANT OF 66TH
STREET AND LYNDALE AVENUE FROM SINGLE FAMILY RESIDENTIAL
AND GENERAL COMMERCIAL TO PLANNED GENERAL COMMERCIAL
FOR CITY BELLA PROJECT S.R. NO. 290
Community Development Director Palmborg reviewed Staff Report No. 290
regarding consideration of first reading of a ordinance amendment rezoning land located in
southwest quadrant of 66th Street and Lyndale Avenue from single family residential and
general commercial to planned general commercial for City Bella Project.
M/Susag, S/Rosenberg that this constitutes the First Reading of this ordinance; and
the Public Hearing and Second Reading of the ordinance be scheduled for the December
11, 2000 City Council Meeting.
Council Meeting Minutes-11-November 13, 2000
Motion carried 3-0.
Item #12CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
VACATING RIGHT-OF-WAY IN CITY BELLA PROJECT AREA S.R. NO.
291
Community Development Director Palmborg reviewed Staff Report No. 291
regarding consideration of first reading of a transitory ordinance vacating right-of-way in
City Bella Project area.
M/Susag, S/Rosenberg that this constitutes the First Reading of this ordinance; and
the Public Hearing and Second Reading of the ordinance be scheduled for the December
11, 2000 City Council Meeting.
Motion carried 3-0.
Item #12ACONSIDERATION OF APPROVAL OF SETTING DECEMBER 11, 2000
FOR PUBLIC HEARING TO CONSIDER 2001 RENEWAL OF ON-SALE
INTOXICATING AND SUNDAY LIQUOR LICENSES FOR: CHI CHI’S
MEXICAN RESTAURANT, THE GROUND ROUND, KHAN’S
MONGOLIAN BARBEQUE, MINNEAPOLIS-RICHFIELD AMERICAN
LEGION POST 435, FRED BABCOCK VFW POST NO. 5555 D/B/A FOUR
NICKELS FOOD AND DRINK, DON PABLO’S OPERATING
CORPORATION D/B/A DON PABLO’S, AMERICAN DINING
CORPORATION D/B/A CHAMPPS SPORTS CAFÉ, AND WILTSHIRE
RESTAURANT, LLC D/B/A HOULIHAN’S RESTAURANT & BAR S. R.
NO. 282
Council Member Susag questioned why Wiltshire Restaurant, LLC D/B/A Houlihan’s
Restaurant & Bar was applying for a renewal license when they just applied for a new
license.
Verification needs to be made that the new license they applied for was for the year
2000 not 2001. If the new license is for 2001, they should be exempt from needing to
attend the December 11 public hearing to renew their license.
M/Susag, S/Rosenberg to set December 11, 2000 for the Public Hearing to consider
2001 renewal of On-Sale Intoxicating and Sunday Liquor Licenses.
Motion carried 3-0.
Council Meeting Minutes-12-November 13, 2000
Item #13TRANSPORTATION UPDATE
Public Works Director Eastling discussed a shared project with MnDOT in regards
to a visual barrier from the Crosstown Highway between I-35W and Penn Avenue. A
visual barrier is being considered in place of the chain link fencing that is there now.
Item #14AIRPORT STATUS REPORT
None.
Item #15CLAIMS AND PAYROLL
M/Susag, S/Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 101634 – 101704$1,198,698.77
H/C102558 - 102918$1,112,225.30
PAYROLL 22014 - 22363$899,860.64
TOTAL$3,210,784.71
Motion carried 3-0.
Item #16DISCUSSION OF LAW SUIT SETTLEMENT AGREEMENT
Mayor Kirsch adjourned the meeting at 9:40 p.m. to continue with the Closed
Executive Session. The Mayor noted that the Council would reconvene in the Council
Chambers after the Closed Executive Session concluded.
Item #17CONSIDERATION OF LAW SUIT SETTLEMENT AGREEMENT
The Regular City Council Meeting reconvened at 10:23 p.m.
M/Susag, S/Rosenberg to approve the settlement agreement between the City of
Richfield and a City employee.
Council Meeting Minutes-13-November 13, 2000
Motion carried 3-0.
Item #18CONDUCT CITY MANAGER ANNUAL PERFORMANCE EVALUATION
The Closed Executive Session has been deferred until a later date when the City
Manager is present.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:25 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Deborah J. GuiherSteven L. Devich
Deputy City ClerkActing City Manager