01-22-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
January 22, 2001
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; John Enger; Sue Sandahl;
and Gertrude Ulrich.
Staff Present:Steven Devich, Acting City Manager; Mike Eastling, Public Works
Director; Dan Scott, Public Safety Director; Bruce Palmborg,
Community Development Director; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Ulrich, S/Rosenberg to approve the minutes of the (1) Special Joint Civil Service
Commission/City Council Meeting of January 4, 2001; (2) Special City Council Meeting of
January 5, 2001; (3) Regular City Council Meeting of January 8, 2001; (4) Special City
Council Meeting of January 10, 2001; and (5) Special City Council Meeting of January 11,
2001.
Motion carried 4-1. (Enger opposed.)
Council Meeting Minutes-2-January 22, 2001
Council Member Enger stated he wanted the goals established at the January 5,
2001 Special City Council Meeting included in the minutes.
Acting City Manager Devich stated the goals are not in final form and will be
provided to the City Council at a later date.
Item #1UPDATE ON PROPOSED CROSSTOWN/I-35W ROAD IMPROVEMENTS
Public Works Director Eastling provided an update on the proposed Crosstown/I-
35W road improvements. The update included:
x
Review of the history of the I-35W improvements and the alternatives
x
Staging of the proposed expansion, including lane closures during construction
x
Review of design and capacity needs
x
Traffic flow after expansion is complete
Council Member Sandahl asked how many homes are anticipated to be lost in
Richfield due to the expansion.
Mr. Eastling responded there are seven homes total: two have already been taken
on 66th Street, and five are planned along the corridor.
Council Member Rosenberg expressed disappointment that there is not as much
traffic congestion relief for 66th Street as anticipated.
Mr. Eastling stated there will be some increased capacity on Crosstown/I-35W
which should improve safety and decrease congestion on 66th Street.
Council Member Rosenberg asked why an additional lane was not proposed for
north I-35W.
Public Works Director Eastling stated this was the alternative preferred by
Minneapolis.
Tom O’Keefe, MnDOT Area Manager, reviewed the existing lane capacities and
stated improvements will include five lanes and no lane weaving.
Council Member Enger asked how many houses will be lost in Minneapolis if an
additional lane is built.
Mayor Kirsch stated that Minneapolis has balked at helping with straightening the
road.
TomO’Keefe, MnDOT Area Manager, stated that answers to the City Council’s
questionswill be provided at a later date.
Council Meeting Minutes-3-January 22, 2001
Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Deb Nordmarken, 6933 Sheridan Avenue, reported on the referendum and initiative
petition drive efforts related to the Best Buy development. She also commented on
inaccurate information in a Best Buy ad published in the Richfield Sun Current.
Carl Cornell, 6615 Lake Shore Drive #807, expressed issues and concerns
regarding overcrowding with the City Bella project.
Robert Hall, 7309 Oliver Avenue, stated concerns about the City Council making up
their mind on issues prior to hearing public comment at public hearings. Mr. Hall also
stated concern about the City Manager’s comments in the Richfield Sun Current regarding
the City’s development along Cedar Avenue.
Sean Kirk, 7626 Logan Avenue, stated he is a tenant who is building his own
business and expressed concern that one property not moving forward has placed the
entire Best Buy project and lives on hold.
Paul Nelson, 6633 16th Avenue, asked if the City had any more plans to construct
affordable housing.
Council Member Sandahl responded that she and Council Member Rosenberg
served on the Affordable Housing Task Force and are committed to ensuring that there be
an affordable housing component in every development.
Gerald Millette, 6406 16th Avenue, asked when his home would be bought out due
to airport expansion. He did not support improvements at Taft Park if it meant not pursing
a buyout of homes affected by airport noise.
Mayor Kirsch stated that the City is working with the Legislature to secure more
funding.
DuaneSietsma, 6724 Vincent Avenue, stated support of the Best Buy development.
He stated Walser and the citizens should be listened to.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Rosenberg to approve the agenda as amended with the Council
discussion to follow the Consent Calendar.
Motion carried 5-0.
Council Meeting Minutes-4-January 22, 2001
Item #4 CONSENT CALENDAR
A.Approved purchase of five new squad cars from Superior Ford, Inc. in amount of
$105,755 S.R. No. 24
B.Approved temporary 3.2 percent malt liquor, itinerant place of amusement, itinerant
food and public dance licenses with fees waived for Church of the Assumption, 305
East 77th Street, annual Sno-Ball family event on January 27, 2001 S.R. No. 25
C.Approved resolution pertaining to filing of Pay Equity Report with Minnesota
Department of Employee Relations S.R. No. 26
RESOLUTION NO. 9002
RESOLUTION PERTAINING TO FILING OF THE PAY EQUITY REPORT WITH THE
MINNESOTA DEPARTMENT OF EMPLOYEE RELATIONS
This resolution appears as Resolution No. 9002 in Resolution Book No. 72.
M/Rosenberg, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
COUNCIL DISCUSSION ITEMS
Council Member Sandahl made the following announcements:
x
10th annual Remodeling Fair; January 27, 2001; 9:30 a.m. – 3:30 p.m.; Richfield
High School
x
Winter Family Fun Fest; February 3, 2001; noon – 4:00 p.m.; Augsburg Park
There will be a park bench dedicated to her daughter Jenny, at Augsburg Park on
February 3, at 1:00 p.m.
Item #5CONSIDERATION OF APPOINTMENTS TO FILL EXPIRING OR VACANT
TERMS ON CITY’S ADVISORY COMMISSIONS S.R. NO. 27
Mayor Kirsch stated the City Council held special meetings on January 10, 11 and
22 to interview 46 persons interested in serving on the City’s advisory commissions.
Council Meeting Minutes-5-January 22, 2001
Mayor Pro Tempore Sandahl read the following appointments to fill expiring or
vacant terms:
ADVISORY BOARD OF HEALTH
NameTerm Expires
Edith SteinJanuary 31, 2002
SanoraLu BelkengrenJanuary 31, 2004
Katherine BreeggmanJanuary 31, 2004
Sarah ParsonJanuary 31, 2004
CIVIL SERVICE COMMISSION
NameTerm Expires
John HamiltonJanuary 31, 2004
COMMUNITY SERVICES COMMISSION
NameTerm Expires
Kari JohnsonJanuary 31, 2002
William SharkeyJanuary 31, 2004
Rick JabsJanuary 31, 2004
Gary NessJanuary 31, 2004
HUMAN RIGHTS COMMISSION
NameTerm Expires
Michele JohnsonJanuary 31, 2003
Barbara WhitemanJanuary 31, 2004
John Ekholm, Jr.January 31, 2004
Alvin MooreJanuary 31, 2004
Dean KarauJanuary 31, 2004
PLANNING COMMISSION
NameTerm Expires
John BjostadJanuary 31, 2004
Mark TolvstadJanuary 31, 2004
Connie McDonaldJanuary 31, 2004
FRIENDSHIP CITY COMMISSION
NameTerm Expires
Julie VoglJanuary 31, 2002
Jennifer SamountryJanuary 31, 2003
Carol MortensonJanuary 31, 2004
Jerome PettisJanuary 31, 2004
Kris DahlJanuary 31, 2004
Council Meeting Minutes-6-January 22, 2001
Council Member Enger stated he did not agree with all of the appointments because
some were made on the basis of color and gender. He stated he thinks the City lost a
good number of people who should have been given better consideration and they won’t
reapply.
Council Member Rosenberg stated that all applicants were invited to participate in
Richfield 2020. She stated the judgement was based on a fair representation.
M/Sandahl, S/Rosenberg to appoint persons to fill the expiring or vacant terms on
the City advisory commissions.
Motion carried 4-1. (Enger opposed.)
Item #6CONTINUATION OF NOVEMBER 27, 2000 PUBLIC HEARING AND
CONSIDERATION OF RESOLUTION MODIFYING REDEVELOPMENT
PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA AND
MODIFYING TAX INCREMENT FINANCING PLANS FOR GRAMERCY TAX
INCREMENT FINANCING DISTRICT, URBAN VILLAGE TAX INCREMENT
FINANCING DISTRICT, RICHFIELD REDISCOVERED 1999 TAX
INCREMENT FINANCING DISTRICT, A-5 TAX INCREMENT FINANCING
DISTRICT, AND B-5 TAX INCREMENT FINANCING DISTRICT S.R. NO. 28
Community Development Director Palmborg reviewed Staff Report No. 28 regarding
a resolution modifying a redevelopment plan for Richfield Redevelopment Project Area and
modifying tax increment financing plans for Gramercy Tax Increment Financing District,
Urban Village Tax Increment Financing District, Richfield Rediscovered 1999 Tax
Increment Financing District, A-5 Tax Increment Financing District and B-5 Tax Increment
Financing District.
M/Rosenberg, S/Ulrich to close the hearing.
Motion carried 5-0.
M/Ulrich, 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. 9003
RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR THE RICHFIELD
REDEVELOPMENT PROJECT AREA AND MODIFYING THE TAX INCREMENT
FINANCING PLANS FOR THE GRAMERCY TAX INCREMENT FINANCING DISTRICT;
URBAN VILLAGE TAX INCREMENT FINANCING DISTRICT; RICHFIELD
REDISCOVERED 1999 TAX INCREMENT FINANCING DISTRICT; A-5 TAX
INCREMENT FINANCING DISTRICT; AND B-5 TAX INCREMENT FINANCING
DISTRICT
Council Meeting Minutes-7-January 22, 2001
Motion carried 5-0. This resolution appears as Resolution No. 9003 in Resolution
Book No. 72.
Item #7PUBLIC HEARING AND CONSIDERATION OF RESOLUTION ADOPTING
MODIFICATION TO TAX INCREMENT FINANCING PLAN FOR
INTERCHANGE WEST AND LYNDALE GATEWAY TAX INCREMENT
FINANCING DISTRICT S.R. NO. 29
Mayor Kirsch requested that the vote on this item be divided into two separate
actions since a Council Member may possibly be involved in the Lyndale Gateway portion,
but wishes to participate in the Interchange West vote.
Community Development Director Palmborg reviewed Staff Report No. 29 regarding
a resolution adopting modification to Tax Increment Financing Plan for Interchange West
and Lyndale Gateway Tax Increment Financing District.
Jim Bergin, 7627 Oliver Avenue, spoke in support of the Best Buy development and
the modifications to the TIF Plan.
Brad Gunn, Leonard, Street and Deinard, attorney representing Walser, confirmed
distribution of a letter to the Council regarding objections to the proposed amendment to
the Interchange West and Lyndale Gateway TIF District and Plan. Mr. Gunn asked
questions regarding the changes to the modified TIF Plan.
Sid Inman, Ehlers & Associates, responded to the questions.
Mr. Gunn asked when the modifications were made available. He stated he had not
seen them previously and did not know it was available. Mr. Gunn requested action on
this item be continued for two weeks to provide an opportunity to review the information.
Sid Inman, Ehlers & Associates, reviewed the notification timelines and
requirements.
Terry Ahlstrom, 7600 Morgan Avenue, stated he did not support an extension on
taking action on the modification.
Deb Nordmarken, 6933 Sheridan Avenue, asked how the schools would benefit
right away from the Best Buy project and stated she supported a two-week extension. She
asked questions regarding estimated property taxes.
Sid Inman, Ehlers & Associates, reviewed the current school district operation
referenda. He explained the property tax estimates are the best ones based upon the law.
The estimates are refined as the project is refined.
Council Meeting Minutes-8-January 22, 2001
Roger Wohschlager, 7610 Oliver Avenue and 7609 Morgan Avenue, stated support
for a budget that moves forward with best estimates. There are other intangible benefits
other than the dollar value.
Gerald Millette, 6406 16th Avenue, asked if part of City taxes will pay for the Penn
Avenue bridge work.
Sid Inman, Ehlers & Associates, responded that tax increment from the district, Best
Buy and MnDOT would fund the bridge. No local property taxes would be used.
Cathy Bergin, 7627 Oliver Avenue, stated there have been enough delays.
Mike Triggs, 7639 Penn Avenue, stated the Best Buy project is beneficial to the
majority of people and businesses in Richfield.
Ed Cirkl, 7639 Logan Avenue, stated that it’s time to move on.
Dennis Manson, 13012 Welcome Lane, Burnsville, (formally 6901 Park Avenue),
asked that if Best Buy doesn’t work out, was there something to replace it.
Tom Rublein, 2016 West 64th Street, reported on the upcoming school district
deficit. Residents need to have faith that redevelopment projects will be beneficial to the
City.
JanellCirkl, 7639 Logan Avenue, spoke in support of the Best Buy project and did
not support a two-week extension on taking action.
Larry Wozniczka, 6744 Wentworth Avenue, asked several financial questions.
Sid Inman, Ehlers & Associates, responded to the financial questions that had been
asked.
Cindy Triggs, 7639 Penn Avenue, stated she would like to see the project move
forward. She asked how the Housing Fund money would be used.
Community Development Director Palmborg responded that the funds could be
used to support the Richfield Rediscovered Program for new and current initiatives.
Council Member Rosenberg stated that the Richfield Community Human Services
Planning Council would have input regarding the use of the Housing Fund money within
Richfield.
Robert Hall, 7309 Oliver Avenue, commented on the payment of taxes by Best Buy.
M/Ulrich, S/Sandahl to close the public hearing.
Motion carried 5-0.
City Attorney Thomson responded to the Mayor’s earlier request stating that none of
the modifications proposed would have any impact on Lyndale Gateway area so the
Council Member would have no financial interest and be precluded from voting.
Council Meeting Minutes-9-January 22, 2001
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. 9004
RESOLUTION ADOPTING THE MODIFICATION TO THE
TAX INCREMENT FINANCING PLAN FOR THE INTERCHANGE WEST
AND LYNDALE GATEWAY TAX INCREMENT FINANCING DISTRICT
Council Member Enger asked about past increases in commercial property values
in this area.
Sid Inman, Ehlers & Associates, answered that this area declined 2 – 3% on
average.
Council Member Enger asked if there was a bridge bond guarantee from MnDOT.
Mr. Inman responded that MnDOT will provide a letter stating they will guarantee to
pay off the bonds.
Council Member Enger asked fiscal disparities, contract for private development
and bridge bond questions.
Mr. Inman responded to the fiscal disparities questions stating the formula used
fluctuates every year depending on the amount of construction in the seven county metro
area.
Community Development Director Palmborg stated the contract is between the HRA
and Best Buy. The Council does not need to approve it. Mr. Palmborg also stated that the
cost overages on the bridge estimates are currently in discussion with MnDOT and the
City.
Council Member Enger asked Council Member Sandahl to withdraw the motion so
he could make a new one.
City Attorney Thomson stated the motion remains on the floor until acted upon or
withdrawn.
Council Member Rosenberg expressed concern about the tone of what’s happening
in the community and understands emotions are running high. We need to agree to
disagree and maintain a sense of respect.
Council Member Sandahl stands by her motion. The development will benefit the
entire City long-term and supports the project.
Council Member Ulrich stated we need to look to the good of the community.
Mayor Kirsch stated support of the project and we need to move the project forward.
Council Meeting Minutes-10-January 22, 2001
Council Member Enger stated that if there was any possibility that the City did not
properly disseminate information, there should be an opportunity to examine documents.
It’s unfair to withhold information from any interested party and supported the two-week
extension. Mr. Enger asked Ehlers & Associates to prepare a new financial statement that
would be easy for the lay person to understand.
Sid Inman, Ehlers & Associates, responded that Mr. Gunn asked him directly at the
first hearing in early December if the public hearing was scheduled for tonight. At the most
recent hearing, this information was contained in his affidavit plus most documents were
provided earlier as part of the disclosure. A number of discussions both on and off the
record occurred of when this public hearing was taking place. Mr. Inman stated that the
current financial statement format is the standard one used, but he will revise the format as
the Council wishes.
City Attorney Thomson responded that all public notices required by law have been
given. She also stated that all this information was directly made available to the Walser
Group in the context of the court proceedings in early December.
Mayor Kirsch stated that all of the documents are public information.
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9004 in Resolution Book No. 72.
Item #8CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF
6444 CLINTON AVENUE AND FIRST READING OF TRANSITORY
ORDINANCE AUTHORIZING SALE OF PROPERTY TO HRA FOR
REHABILITATION S.R. NO. 30
Community Development Director Palmborg reviewed Staff Report No. 30 regarding
a resolution authorizing acquisition of 6444 Clinton Avenue and first reading of a transitory
ordinance authorizing sale of property to HRA for rehabilitation.
Council Member Enger asked about low-income guidelines and mortgage
guidelines.
Community Development Director Palmborg reviewed the New Home Program.
M/Ulrich, 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. 9005
RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY
LOCATED AT 6444 CLINTON AVENUE SOUTH
Council Meeting Minutes-11-January 22, 2001
Motion carried 5-0. This resolution appears as Resolution No. 9005 in Resolution
Book No. 72.
Item #9CONSIDERATION OF NEW RESIDENTIAL KENNEL LICENSE FOR 7039
FIFTH AVENUE; FOUR CATS S.R. NO. 31
Public Safety Director Scott reviewed Staff Report No. 31 regarding a new
residential kennel license for Patricia Jallan, 7039 Fifth Avenue, for four cats. Mr. Scott
stated the applicant was notified of the meeting and asked to attend, but was not present.
Council Member Enger asked if the issuance of a license could be conditional if the
home was considered uninhabitable in the future.
City Attorney Thomson responded that licenses can be revoked if uncleanliness is
related to keeping of the animals. If no relation to animals, there would be no grounds to
revoke the license.
M/Enger, S/Rosenberg to approve a request for a new residential kennel license for
Patricia Jallen, 7039 Fifth Avenue, with the stipulation that if the house is found to have
environmental health complaints and becomes uninhabitable or unhealthy during the next
year due to animal feces, the kennel license will be revoked at that time.
Motion carried 5-0.
Item #10CONSIDERATION OF NEW RESIDENTIAL KENNEL LICENSE FOR 7412
COLFAX AVENUE; FOUR DOGS S.R. NO. 32
Public Safety Director Scott reviewed Staff Report No. 32 regarding a new
residential kennel license for Gary and Stacy Berres, 7412 Colfax Avenue, for four dogs.
Applicant Stacy Berres, 7412 Colfax Avenue, addressed the Council stating that
she stops barking of the dogs as soon as she realized it’s happening.
Council Member Enger asked what kind of dogs were at the residence and the size
of the yard.
Ms. Berres stated that she has four large dogs and doesn’t know the yard size.
Jim McCarvill, 7416 Colfax Avenue, neighbor to the applicant, stated that he
preferred the license not be issued because of odor in the yard. Sometimes he is unable
to be in his own yard because of it.
Council Meeting Minutes-12-January 22, 2001
Ms.Berres stated that she picks up animal feces at least weekly, but knows there
can be an extensive odor, especially during the summer.
M/Enger, S/Ulrich to deny the new residential kennel license for Gary and Stacy
Berres, 7412 Colfax Avenue.
Motion failed 2-3. (Mayor Kirsch, and Council Members Rosenberg and Sandahl
opposed.)
Council Member Enger stated that if the City receives numerous complaints about
odor, the license should be rescinded. He believes a yard, if it’s 30’ x 70’, cannot support
four dogs without constant maintenance.
City Attorney Thomson reviewed the ordinance code regarding granting and
revoking a license.
M/Sandahl, S/Rosenberg to approve the new residential kennel license for Gary
and Stacy Berres, 7412 Colfax Avenue, with the stipulation that the back yard be
maintained in sanitary condition that does not result in odors and that the review of the
license be brought back to Council if complaints are received.
Motion carried 5-0.
Item #11AIRPORT STATUS REPORT
Acting City Manager Devich reported that the City of Richfield is working
collaboratively with the former members of the Governor’s Airport Community Stabilization
Task Force to recommend legislation that identifies a long-term funding mechanism for all
noise-impacted communities to draw from. The most widely supported recommendation is
to capture some of the increment from the airport sales tax to create a funding pool for
noise mitigation measures. Minneapolis is devoting up to $15,000 towards this effort.
Other communities are unsure of their support because of other priorities. Regardless,
Richfield will pursue this initiative.
Item #12HOUSING AND REDEVELOPMENT AUTHORITY REPORT
Acting City Manager Devich reported the following HRA approvals on January 16:
x
75-day extension for removal of Closing Contingencies from CSM Investors II,
Inc. with the stipulation that CSM enter into an agreement with the City of
Richfield addressing the schedule and cost allocation of public improvements.
Absent such an agreement within 30 days of this approval, the extension shall
be deemed null and void. Additionally, approve the extension with the added
Council Meeting Minutes-13-January 22, 2001
stipulation that CSM must provide staff with a copy of a lease with their primary
tenant within 30 days without which the extension is to become null and void and
expression of intent to begin preliminary discussion with the property owners
affected.
x
Resolutions regarding second amendment to contract for private redevelopment
and issuance of limited revenue tax increment notes related to Gramercy Park
Cooperative at Lake Shore Drive.
x
Issuance of Certificate of Completion for Gramercy Park Cooperative at Lake
Shore Drive.
x
Cancelled the public hearing on Business Subside Agreement for City Bella
project; project update provided.
x
Issuance of Certificate of Completion for Urban Village (also known as
Woodlake Centre) in accordance with contract for private redevelopment
between HRA and Richfield State Agency, Inc.
x
Resolution recognizing termination of assessment agreement for Richfield
Medical Clinic project.
Item #13OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Deb Nordmarken, 6933 Sheridan Avenue, continued her comments on the
inaccuracies in the Best Buy ad published in the Sun Current and the need for clarification
at Council meetings. She stated concerns about children’s safety in the Best Buy area.
George Tellgren, 6937 Upton Avenue, stated his support of the Council’s work and
the continuation of the Best Buy project.
Item #14COUNCIL DISCUSSION ITEMS
This was discussed after the consent calendar, Item #4.
Item #15CLAIMS AND PAYROLL
M/Sandahl, S/Rosenberg that the following claims and payrolls be approved:
Council Meeting Minutes-14-January 22, 2001
RICHFIELD BANK & TRUST CO.
INT Checks:101851 - 101886$236,254.29
H/C104380 - 104721$1,056,670.65
PAYROLL22125 - 23322$490,474.02
TOTAL$1,783,398.96
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:10 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSteven L. Devich
Recording SecretaryActing City Manager