11-27-00 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 27, 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; Kristal Stokes; Sue
Sandahl; and Russ Susag.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Bruce Palmborg, Community Development
Director; Mike Eastling, Public Works Director; Dan Scott, Public
Safety Director; Jim Topitzhofer, Recreation Services Director; Bill
Fillmore, Liquor Operations Director; Deborah Guiher, Deputy City
Clerk; and Steve Bubul, City Attorney.
APPROVAL OF MINUTES
M/Susag, S/Rosenberg to approve the minutes of the (1) Special City Council Study
Session of November 13, 2000; (2) Regular City Council Meeting of November 13, 2000;
and (3) Special City Council Closed Executive Session of November 13, 2000.
Motion carried 5-0.
Council Meeting Minutes-2-November 27, 2000
Item #1RECOGNITION OF ELEMENTARY SCHOOL PARTICIPANTS IN
LOOK
ART CONTEST
INTO RICHFIELD’S FUTURE
Assistant to the City Manager Pam Dmytrenko introduced some of the students that
participated in the Look into Richfield’s Future art contest. Over 30 students participated
from grades 3-8. Thuy Duong Nguyen-Tran, a seventh grade student at Richfield Middle
School, read excerpts from the essay she wrote.
Mayor Kirsch thanked the students for participating in the contest and presented
each of them with a blue ribbon.
Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Council Member Sandahl read an anonymous, disturbing letter she and her
husband received in regard to their daughter Jenny’s death. She also thanked residents
for the love, support and comfort they gave her family.
Robert Hall, 7309 Oliver Avenue, objected to time restrictions placed on public
comments.
Paul Nelson, 6633 16th Avenue, asked the outgoing City Council Members what
their legacy would be as they leave office.
Paul Hanson, 7245 18th Avenue, stated that as a landlord, he feels that the City is
picking on the wrong group of people.
Connie McDonald, 6400 15th Avenue, publicly thanked everyone for their support
and votes in the recent City Council election.
Stan Cramer, 6833 16th Avenue, after attending the airport meeting at the
Thunderbird, feels that the airport seems to know everything going on but is not sharing it
with the homeowners.
Cindy Kosen, 7521 Xerxes Avenue, stated that trucks at the loading docks for Best
Buy at the Shops at Lyndale are blocking eastbound traffic on 77th Street during the
morning rush hour.
City Manager Orduno stated that Public Safety would check on this situation.
Council Meeting Minutes-3-November 27, 2000
Item #3 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A.Approved resolution re-appointing Ericka Hiestand to Richfield Tourism Promotion
Board for a three-year term S.R. No. 292
RESOLUTION NO. 8960
RESOLUTION APPOINTING A REPRESENTATIVE
TO THE BOARD OF DIRECTORS TO
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
This resolution appears as Resolution No. 8960 in Resolution Book No. 71.
B.Approved resolution in opposition to proposal before Minnesota State Legislature that
would allow convenience stores, grocery stores, gas stations and other similar outlets
to sell wine, wine coolers and associated products for off-premise consumption S.R.
No. 293
RESOLUTION NO. 8961
RESOLUTION IN OPPOSITION TO A PROPOSAL BEFORE THE
MINNESOTA STATE LEGISLATURE THAT WOULD ALLOW THE SALE OF WINE,
WINE COOLERS AND ASSOCIATED PRODUCTS BY DISPENSARIES
OTHER THAN DULY AUTHORIZED OFF-SALE LIQUOR STORES
This resolution appears as Resolution No. 8961 in Resolution Book No. 71.
C.Approved resolution authorizing subdivision waiver for 6856 Park Avenue to allow
property to be divided into two lots S.R. No. 294
RESOLUTION NO. 8962
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER OF PROPERTY
6856 PARK AVENUE
This resolution appears as Resolution No. 8962 in Resolution Book No. 71.
Council Meeting Minutes-4-November 27, 2000
D.Approved ratification of publication of November 22, 2000 public hearing notice
regarding resolution and joint powers agreement relating to multifamily housing
development and related housing program on behalf of Mount Olivet Rolling Acres,
Inc. and issuance of revenue bonds therefor under Municipal Housing Programs Act
S.R. No. 295
E.Approved towing services contract between the City and Chief’s Towing Inc., 8610
Harriet Avenue, Bloomington, MN effective 12/1/2000 to replace the Morrow’s Towing
contract that is terminated due to redevelopment S.R. No. 296
M/Stokes, S/Sandahl to approve the consent calendar as amended.
Motion carried 5-0.
Item #5CONTINUE TO DECEMBER 11, 2000, PUBLIC HEARING AND SECOND
READING 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. 297
City Manager Orduno stated that Staff Reports 297, 298 and 299 will be presented
at one time with testimony being made following Staff Report No. 299.
Item #6CONTINUE TO DECEMBER 11, 2000, PUBLIC HEARING ON PLANNED
UNIT DEVELOPMENT PLAN FOR BEST BUY CAMPUS PROJECT AND
SECOND READING OF ORDINANCE AMENDMENT REZONING
PROPERTY BETWEEN 76TH STREET AND I-494 AND PENN AND KNOX
AVENUES TO PLANNED GENERAL COMMERCIAL S.R. NO. 298
City Manager Orduno stated that Staff Reports 297, 298 and 299 will be presented
at one time with testimony being made following Staff Report No. 299.
Item #7CONTINUE TO DECEMBER 11, 2000, PUBLIC HEARING ON FINAL
DEVELOPMENT PLAN AND CONDITIONAL US PERMIT FOR BEST BUY
CAMPUS PROJECT S.R. NO. 299
City Manager Orduno stated that Staff Reports 297, 298 and 299 will be presented
at one time with testimony being made following Staff Report No. 299.
Council Meeting Minutes-5-November 27, 2000
Community Development Director Bruce Palmborg presented Staff Report No. 297
regarding continuing to December 11, 2000, the public hearing and second reading of a
transitory ordinance adopting the City’s Comprehensive Plan with an amendment to the
guide plan and changing the designation of property in the Interchange West Area from
high density single family residential and neighborhood commercial to regional
commercial/office.
Community Development Director Palmborg presented Staff Report No. 298
regarding continuing to December 11, 2000, the public hearing on the planned unit
development plan for the Best Buy Campus Project and second reading of an ordinance
amendment rezoning property between 76th Street and I-494 and Penn and Knox
Avenues to planned general commercial.
Community Development Director Bruce Palmborg presented Staff Report No. 299
regarding continuing to December 11, 2000, the public hearing on the final development
plan and conditional use permit for the Best Buy Campus Project.
Tim Murnane, Opus Northwest LLC, stated that they have been working on traffic
issues. He encouraged residents to look closely at the plans that will be shown by John
Albers. He stated the following:
x
Six neighborhood meetings have been held;
x
Two City open houses were held at the schools;
x
Groundbreaking will be in April;
x
Move outs will be delayed until spring; and
x
Out of 83 property owners, only 2 have not been negotiated yet.
John Albers, Opus, presented site plans and diagrams of the Best Buy Campus.
Della Kolpin, Best Buy, discussed plans for a large meeting room and, potentially,
an auditorium. A community room for residents is in the current plans, and they are
working with security to see how this can be accomplished.
Stan Cromer, 6833 16th Avenue, asked why Best Buy has chosen Richfield for their
project.
Mr. Murnane explained that Richfield is located close to freeways which is what
Best Buy was looking for, and that Best Buy wanted a centralized location that a majority
of employees live close to.
Sharon Glennon, 2000 West 76th Street, stated that she doesn’t feel Best Buy is
giving Richfield residents enough time to move. She also questioned the litigation with
Walser.
City Manager Orduno responded that nothing will be known until the outcome of the
litigation.
Terry Ahlstrom, 7600 Morgan Avenue, stated this is a fantastic opportunity for the
City.
Council Meeting Minutes-6-November 27, 2000
Deb Nordmarken, 6933 Sheridan Avenue, stated that there is too much traffic. How
many patrol cars will be needed to slow down the traffic? Why can’t the residents have a
referendum?
John Cretzmeyer, 7604 Oliver Avenue, stated that everyone keeps saying they
don’t want Best Buy, but what about the 68 homeowners that want to move? The vast
majority that live in the area want to move and are in favor of the Best Buy project.
Heidi Gaibor, 6915 Wentworth Avenue, stated her concerns about traffic. Why
couldn’t Best Buy be located on the east side of the City? They would have access to
freeways.
Jim Bergin, 7627 Oliver Avenue, stated that he supports re-zoning this area. He
also feels the City needs to grow and change. The traffic problem isn’t from Richfield.
Every community around us is putting up big developments which is increasing traffic.
Alice Larson, 7324 15th Avenue, stated that she doesn’t feel it is right to move
businesses out for the Best Buy project. She is concerned about too much traffic.
Marie Sedergrin, 7501 Morgan Avenue, stated that she wants to sell her house next
year. Will the EIS include property values to the houses in the surrounding area? How
can she go about selling her house to Best Buy employees?
Robert Hall, 7309 Oliver Avenue, stated this is too big a project for the area. The
City re-zones property to fit a project. He also questioned if K-mart is going to be
redeveloped?
City Manager Orduno stated that there are no plans at this time involving K-mart.
Ed Circle, 7645 Logan Avenue, questioned if Best Buy doesn’t happen, is there
another plan? Where will everyone stand if this falls through?
City Manager Orduno stated that HRA has no future plans. There have been no
discussions or any guarantees.
Heidi Gaibor, 6915 Wentworth Avenue, responded to Mr. Hall that Vision for Lakes
atLyndale does show K-Mart being remodeled.
City Manager Orduno again stated there are no plans for K-Mart.
Barbara Jerich, Walser General Counsel, questioned when the issues regarding
Best Buy would be answered and also if Best Buy is going to purchase Galyans and use it
for parking space.
City Manager Orduno stated that questions that were asked formally, accurately
and appropriately for the EIS will be handled December 11 at the hearing.
Della Kolpin, Best Buy, stated that Best Buy did purchase the Galyans building.
Best Buy has a lease with Galyans.Galyans will remain in the building and it will not be a
parking lot.
Council Meeting Minutes-7-November 27, 2000
Bill Larson, 7324 15th Avenue, questioned if Richfield could have a referendum to
voice their opinions.
City Attorney Steve Bubul stated that the City doesn’t have the legal authority to put
issues to a referendum other than those authorized in the Statute.
Robert Hall, 7309 Oliver Avenue, stated that the cafeteria area for Best Buy faces I-
494 and will be a hazard when the sunlight reflects off of the glass and is glaring into the
drivers’ eyes.
Dennis Manson, 6901 Park Avenue, questioned whether Best Buy is the right
answer for Richfield. He stated that the City needs a tax base and asked what else the
City has as an alternative.
George Holter, 6424 Emerson Avenue, stated that he is against the Best Buy
project. He doesn’t think it will be good for the City. It is too large a project for the space.
M/Susag, S/Rosenberg to continue the public hearing and second reading on a
transitory ordinance to adopt the City’s Comprehensive Plan with an amendment to the
Guide Plan and change the designation of property in the Interchange West area from R-
SFH and C-N to C-R/O to December 11, 2000; to continue the public hearing and second
reading of the ordinance amendment and consideration of the planned unit development
plan to December 11, 2000; and to continue the public hearing on the final development
plan and conditional use permit for the Best Buy Campus project to December 11, 2000.
Motion carried 5-0.
Item #8PUBLIC HEARING AND CONSIDERATION 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. 300
M/Susag, S/Stokes to continue a public hearing and consideration of resolution
modifying Redevelopment Plan for the Richfield Redevelopment Project Area and
modifying the 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 to January 22, 2001.
Motion carried 5-0.
Council Meeting Minutes-8-November 27, 2000
Item #9PRESENTATION OF FINANCIAL REPORTING ANALYSIS TAX
INCREMENT DISTRICTS FOR LHN, ILN AND CABA PREPARED BY HLB
TAUTGES REDPATH, LTD. AND CONSIDERATION OF RESOLUTION
APPROVING AND RATIFYING FINANCIAL TRANSACTIONS RELATED
TO CERTAIN TAX INCREMENT FINANCING DISTRICTS S.R. NO. 301
Community Development Director Palmborg reviewed Staff Report No. 301
regarding a presentation of Financial Reporting Analysis Tax Increment Districts for LHN,
ILN and CABA prepared by HLB Tautges Redpath, Ltd. and consideration of a resolution
approving and ratifying financial transactions related to certain tax increment financing
districts.
Rob Tautges, HLB Tautges, Redpath, Ltd., reviewed the Financial Report Analysis.
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. 8963
RESOLUTION APPROVING AND RATIFYING
FINANCIAL TRANSACTION RELATED TO
CERTAIN TAX INCREMENT FINANCING DISTRICTS
Motion carried 5-0. This resolution appears as Resolution No. 8963 in Resolution
Book No. 71.
Item #10CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
TO SECTION 1200 OF CITY CODE ALLOWING SALE AND
CONSUMPTION OF LIQUOR AT RICHFIELD COMMUNITY CENTER S.R.
NO. 302
Recreation Services Director Topitzhofer reviewed Staff Report No. 302 regarding
the first reading of an ordinance amendment to Section 1200 of City Code allowing sale
and consumption of liquor at the Richfield Community Center.
Mayor Kirsch stated that this will need to be monitored to make sure no alcohol is
served to minors.
Council Member Sandahl stated that this request is not uncommon and there is a
definite need.
M/Rosenberg, 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
January 8, 2001 City Council Meeting.
Council Meeting Minutes-9-November 27, 2000
Motion carried 5-0.
Item #11CONSIDERATION OF NEW RESIDENTIAL KENNEL LICENSE FOR 7312
HARRIET AVENUE; THREE DOGS S.R. NO. 303
Public Safety Director Scott reviewed Staff Report No. 303 regarding consideration
of a new residential kennel license for 7312 Harriet Avenue.
M/Stokes, S/Rosenberg to add a stipulation to the issuance of this license that the
fence must be repaired.
Council Member Susag stated that the City needs to change the name of the kennel
license. The name leads residents to believe that breeding of animals is going to occur.
The City should consider the name Animal License.
M/Sandahl, S/Stokes to amend the previous motion and stipulation and to continue
this hearing on January 8, 2001.
Motion carried 5-0.
Staff is to inform the applicant for the kennel license that they need to be present at
the hearing. Letters should be sent to neighbors informing them of the hearing.
Item #12CONSIDERATION OF REQUEST THAT MINNESOTA DEPARTMENT OF
TRANSPORTATION RETAIN APPROXIMATELY 100 FEET OF NOISE
WALL ON NICOLLET AVENUE BRIDGE IN CONSTRUCTION PLANS
S. R. NO. 304
Public Works Director Eastling reviewed Staff Report No. 304 regarding a request
that MnDOT retain approximately 100 feet of noise wall on the Nicollet Avenue bridge in
the construction plans.
Dave Gepner, Aesthetic Design Review Committee, would like to see the freeway
be more neighbor friendly by having a railing over the bridge instead of a noise wall.
Council Member Susag stated that he would prefer a noise wall even if it is only 2
DBA. People shouldn’t be driving and looking at the scenery. He is in support of a sound
wall.
M/Susag, S/Rosenberg request that the MnDOT retain the approximate 100 feet of
noise wall on the Nicollet Avenue bridge in the construction plans.
Motion carried 5-0.
Council Meeting Minutes-10-November 27, 2000
Item #13CONSIDERATION OF AGREEMENT WITH SHORT, ELLIOTT,
HENDRICKSON, INC. FOR DESIGN OF 76TH STREET BETWEEN I-35W
AND PENN AVENUE, PENN AVENUE FROM 76TH STREET TO 77TH
STREET AND OTHER ROADWAY IMPROVEMENTS NECESSARY FOR
CONSTRUCTION OF BEST BUY CAMPUS S. R. NO. 305
Public Works Director Eastling reviewed Staff Report No. 305 regarding
consideration of an agreement with Short, Elliott, Hendrickson, Inc. for design of 76th
Street between I-35W and Penn Avenue, Penn Avenue from 76th Street to 77th Street and
other roadway improvements necessary for construction of the Best Buy Campus.
Council Member Rosenberg inquired if this included the entries to the Colony
Apartments and Fountainhead Apartments.
Mr. Eastling stated there is a possibility of a loop street on Newton Avenue and
Morgan Avenue. This will be determined by the residents.
M/Susag, S/Sandahl to authorize the Mayor and City Manager to enter into an
agreement with SEH, Inc. for the design of 76th Street between I-35W and Penn Avenue,
Penn Avenue from 76th Street to 77th Street and other roadway improvements necessary
for the construction of the Best Buy Campus.
Motion carried 5-0.
Item #14AIRPORT STATUS REPORT
City Manager Orduno and Council Member Susag will be attending the National
League of Cities Congress of Cities Conference the week of December 4, presenting a
resolution regarding airport noise and meeting with members from other cities that also
have airport issues.
Item #15HOUSING AND REDEVELOPMENT AUTHORITY REPORT
City Manager Orduno stated that a Special HRA Meeting had been held this
evening, and the following action occurred:
x
Approved first amendment to contract for private development with Best Buy
x
Approved adoption of Business Subsidy Agreement with Best Buy
x
Approved adoption of Business Subsidy Agreement with CSM Investors
Council Meeting Minutes-11-November 27, 2000
x
Tabled approval of modification to Tax Increment Financing Plan for Interchange
West and Lyndale Gateway Tax Increment Financing District until January 22,
2001
Item #16OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
None.
Item #17COUNCIL DISCUSSION ITEMS
Council Member Susag presented Kristal Stokes with the Richfield Chamber of
Commerce Governmental Award 2000.
Council Member Susag questioned the status of the Walser law suit.
City Manager Orduno stated that the hearing is to be held on December 4, 5 and 6.
Item #18CLAIMS AND PAYROLL
M/Stokes, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 101706 – 101750$709,287.28
H/C102920 - 103393$993,784.55
PAYROLL 22365 - 22587$493,520.69
TOTAL$2,196,592.52
Motion carried 5-0.
Council Member Sandahl thanked all of City staff and the election judges for the
excellent work they did during the election.
Council Meeting Minutes-12-November 27, 2000
Item #19TO CONDUCT CITY MANAGER ANNUAL PERFORMANCE EVALUATION
(DEFERRED FROM NOVEMBER 13, 2000)
Mayor Kirsch adjourned the meeting at 10:30 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.
Council Member Susag stated that the City Council is very satisfied with City
Manager Orduno’s job performance.
M/Sandahl, S/Rosenberg to approve a 3% pay increase effective October 12, 2000
and $1500 per year towards retirement for City Manager Orduno.
Motion carried 5-0.
Council Member Susag stated “that many if not most of Sam Orduno’s successes
are due to outstanding, dedicated highly qualified staff. It doesn’t diminish her excellent
leadership, but Council felt it needed to be said.”
ADJOURNMENT
The meeting was adjourned by unanimous consent at 11:25 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Deborah J. GuiherSamantha Orduno
Deputy City ClerkCity Manager